City of Waynesboro, Virginia

Transcription

1 City of Waynesboro, Virginia ZONING ORDINANCE DUNCAN ASSOCIATES LANDDESIGN Adopted September 27, 2010 Effective January 1, 2011

2 HOW TO USE THIS ORDINANCE IF YOU OWN PROPERTY AND WANT TO KNOW WHAT RULES APPLY: STEP 1: Find your zoning district and any overlay districts by looking at the Zoning District Map (available in the office of the Zoning Administrator). STEP 2: Go to 2.5.2, Residential districts purpose statements, or 2.6.1, Nonresidential districts purpose statements, to review the intent of the district applied to your property. STEP 3: Go to 2.4, Use Table, for details on uses permitted on your property. Find the row that lists the specific use you ve identified. Match this row to your district (across the top of the table) to determine if the use you want to establish is permitted. If the use you ve identified is not listed, go to C, Similar use interpretation. STEP 4: If your use is permitted, before building the structure or establishing the use, you must get the appropriate permits approved (see Article 7). For details on maximum density, minimum lot size, required yards (setbacks) and similar standards see: 2.5.4, Conventional development option (residential districts); 2.5.5, Cluster development option (residential districts); 2.5.6, Nonresidential development standards (in residential districts); and 2.6.3, Nonresidential development standards (in nonresidential districts). For specific use standards, see Article 4. The use may also be subject to the Site Development Standards in Article 5. STEP 5: Don t forget that the overlay districts established in 3.3 may apply to your property. These requirements are intended to help you and the City ensure that your project is legally established and that it matches the development vision that Waynesboro, as a community, desires. IF YOU WANT TO BUILD OR ESTABLISH A PARTICULAR USE: Follow Steps 1 through 5 above, to identify your zoning district and the permitted uses. You can find the specific details for the permitted uses in your zoning district in either Article 4. You can also find the various Site Development Standards that apply to your property in Article 5. IF YOU WANT TO CHANGE YOUR ZONING DISTRICT: Only the City Council may rezone property following public notice and hearings. See 7.4, Zoning District Map Amendments (Rezoning), for details on the procedure.

3 CONTENTS ARTICLE 1. INTRODUCTORY PROVISIONS TITLE AUTHORITY ADOPTION DATE AND EFFECTIVE DATE APPLICABILITY AND JURISDICTION PURPOSE AND INTENT COMMENTARY WORD USAGE AND CONSTRUCTION OF LANGUAGE IMPLEMENTATION OF THE COMPREHENSIVE PLAN NEWLY ADDED PROPERTY INTERPRETATION OF REGULATIONS DELEGATION OF AUTHORITY GRAPHICS AND ILLUSTRATIONS MEASUREMENTS AND EXCEPTIONS TRANSITIONAL PROVISIONS SEVERABILITY ARTICLE 2. GENERAL ZONING DISTRICTS GENERAL DISTRICTS ESTABLISHED ZONING DISTRICT MAP HOUSING TYPES USE TABLE RESIDENTIAL DISTRICTS NONRESIDENTIAL DISTRICTS ARTICLE 3. PLANNED AND OVERLAY ZONING DISTRICTS PLANNED AND OVERLAY DISTRICTS ESTABLISHED PLANNED UNIT DEVELOPMENT (PUD) OVERLAY DISTRICTS ARTICLE 4. USE STANDARDS COMPLEXES RESIDENTIAL USE STANDARDS PUBLIC AND CIVIC USE STANDARDS COMMERCIAL USE STANDARDS INDUSTRIAL USE STANDARDS ACCESSORY BUILDINGS AND USE STANDARDS TEMPORARY USE STANDARDS ARTICLE 5. SITE DEVELOPMENT STANDARDS PARKING AND LOADING ACCESS MANAGEMENT BICYCLE AND PEDESTRIAN FACILITIES LANDSCAPING OUTDOOR LIGHTING SIGNS OUTDOOR STORAGE AND DISPLAY COMMON AREA WATER AND SEWER SERVICES CONSTRUCTION STANDARDS City of Waynesboro, Virginia i

4 CONTENTS ARTICLE 6. DECISION-MAKING BODIES AND OFFICIALS GENERAL CITY COUNCIL PLANNING COMMISSION BOARD OF ZONING APPEALS PLANNING DIRECTOR ZONING ADMINISTRATOR FLOODPLAIN ADMINISTRATOR SITE REVIEW TEAM ARTICLE 7. DEVELOPMENT REVIEW SUMMARY OF REVIEW AND APPROVAL AUTHORITY COMMON REVIEW PROCEDURES TEXT AMENDMENT ZONING DISTRICT MAP AMENDMENT (REZONING) PLANNED UNIT DEVELOPMENT REVIEW CONDITIONAL USE PERMIT SITE PLAN REVIEW TEMPORARY USE PERMIT ZONING PERMIT SIGN PERMIT COMMON SIGNAGE PLAN FLOODPLAIN DEVELOPMENT PERMIT WRITTEN INTERPRETATION VARIANCE ADMINISTRATIVE APPEAL APPEAL TO COURT ARTICLE 8. NONCONFORMITIES NONCONFORMING STATUS NONCONFORMING STRUCTURES NONCONFORMING USES NONCONFORMING LOTS ARTICLE 9. ENFORCEMENT AND PENALTIES GENERAL VIOLATIONS AND PENALTIES ENFORCEMENT PROCEDURE AND REMEDIES ADDITIONAL REMEDIES ARTICLE 10. DEFINITIONS ABBREVIATIONS USE CATEGORIES GENERAL TERMS DEFINED INDEX I AMENDMENTS: (ORD. NO , 6/8/12) (ORD. NO , 8/2/12) (ORD. NO , 6/6/14) (ORD. NO , 11/20/14) (ORD. NO , 1/7/16) (ORD. NO , 10/5/17) ii City of Waynesboro, Virginia

5 AMENDMENTS, CON'T: (ORD. NO , 07/05/18) (ORD. NO , 07/05/18) (ORD. NO , 07/05/18) (ORD. NO , 07/05/18) City of Waynesboro, Virginia iii

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7 Article 1. Introductory Provisions 1.1. TITLE AUTHORITY ADOPTION DATE AND EFFECTIVE DATE APPLICABILITY AND JURISDICTION PURPOSE AND INTENT COMMENTARY WORD USAGE AND CONSTRUCTION OF LANGUAGE Meanings and Intent Headings, Illustrations and Text Lists and Examples Computation of Time References to Other Regulations, Publications and Documents Technical and Non-Technical Terms Public Officials and Agencies Mandatory and Discretionary Terms Conjunctions Tenses and Plurals IMPLEMENTATION OF THE COMPREHENSIVE PLAN NEWLY ADDED PROPERTY INTERPRETATION OF REGULATIONS Minimum Requirements Conflicting Provisions DELEGATION OF AUTHORITY GRAPHICS AND ILLUSTRATIONS MEASUREMENTS AND EXCEPTIONS General Density Area Lot Width Required Yards (Setbacks) Building Separation Street Frontage Height TRANSITIONAL PROVISIONS Conforming Uses and Structures Violations Continue Nonconformities District Conversion SEVERABILITY TITLE This Chapter and the official Zoning District Map shall be officially known and cited as the City of Waynesboro, the zoning ordinance or this Chapter AUTHORITY This Chapter is adopted pursuant to the authority conferred by the Section et seq. VA Code Ann. City of Waynesboro, Virginia 1-1

8 1.3 Adoption Date and Effective Date Chapter 98. Article 1. Introductory Provisions Meanings and Intent 1.3. ADOPTION DATE AND EFFECTIVE DATE This Chapter was adopted on September 27, 2010, becoming effective on January 1, APPLICABILITY AND JURISDICTION This Chapter shall be effective everywhere throughout the city of Waynesboro. No building shall be erected or structurally altered nor shall any land use or development activity take place, unless it conforms to the provisions of this Chapter PURPOSE AND INTENT This Chapter is adopted in order to protect the health, safety and welfare of the residents of Waynesboro; to advance the objectives set out in Sections , and VA Code Ann.; and to implement the City of Waynesboro Comprehensive Plan (Comprehensive Plan) COMMENTARY Whenever a provision of this Chapter requires additional explanation to clarify its intent, a commentary is included. Commentaries have no regulatory effect, but rather are intended solely as a guide for decisionmaking bodies and officials and the public to use in understanding and interpreting the Chapter. Commentary: When commentaries are provided they will appear in this format WORD USAGE AND CONSTRUCTION OF LANGUAGE Meanings and Intent All provisions, terms, phrases and expressions contained in this Chapter shall be construed according to the purpose and intent set out in 1.5. (See also 7.13, Written interpretation) Headings, Illustrations and Text In case of any difference of meaning or implication between the text of this Chapter and any heading, drawing, table, figure or illustration, the text shall control Lists and Examples Unless otherwise specifically indicated, lists of items or examples that use terms such as including, such as or similar language are intended to provide examples; not intended to be exhaustive lists of all possibilities Computation of Time A. References to days are to calendar days unless otherwise expressly stated. B. The time in which an act is to be completed is computed by excluding the first day and including the last day. If the last day is a Saturday, Sunday, or holiday observed by the City, that day is excluded. C. A day concludes at the close of business local time (5:00pm), and any materials received after that time will be considered to be have been received the following day. 1-2 City of Waynesboro, Virginia

9 Chapter 98. Article 1. Introductory Provisions 1.8 Implementation of the Comprehensive Plan References to Other Regulations, Publications and Documents References to Other Regulations, Publications and Documents Whenever reference is made to a resolution, ordinance, statute, regulation, or document, that reference shall be construed as referring to the most recent edition of such resolution, ordinance, statute, regulation, or document or to the relevant successor document, unless otherwise expressly stated Technical and Non-Technical Terms Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases that may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning as specified in Article 10, Definitions Public Officials and Agencies All public officials, bodies and agencies to which references are made are those of the City of Waynesboro, unless otherwise expressly provided Mandatory and Discretionary Terms The words shall, will and must are mandatory. The words may and should are advisory and discretionary terms Conjunctions Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows: And indicates that all connected items, conditions, provisions or events apply; and Or indicates that one or more of the connected items, conditions, provisions or events may apply Tenses and Plurals Words used in one tense (past, present or future) include all other tenses, unless the context clearly indicates the contrary. The singular includes the plural, and the plural includes the singular IMPLEMENTATION OF THE COMPREHENSIVE PLAN This Chapter has been prepared in accordance with the Comprehensive Plan. It is intended that decisions made pursuant to this Chapter will implement and be consistent with the goals and objectives contained in the Comprehensive Plan. The text of the plan is the plan, a guide; prior development (and even approved new development) can be inconsistent with a current plan and not be illegal NEWLY ADDED PROPERTY All territory which may be added to the city after the effective date of this Chapter shall be considered as being in the RS-12 district until otherwise changed pursuant to the Zoning District Map amendment (rezoning) procedures of INTERPRETATION OF REGULATIONS The regulations in this Chapter shall be enforced and interpreted according to the following rules: Minimum Requirements Regulations set forth by this Chapter shall be interpreted as providing minimum regulations necessary to promote and protect the public health, safety and welfare. If the requirements set forth in this Chapter are at variance with the requirements of any other lawfully adopted uses, City of Waynesboro, Virginia 1-3

10 1.11 Delegation of authority Chapter 98. Article 1. Introductory Provisions Conflicting Provisions regulations, or ordinances, the more restrictive or higher standard shall govern. The more restrictive provision is the one that imposes more stringent controls Conflicting Provisions A. Conflict with State or Federal Regulations If the provisions of this Chapter are inconsistent with those of the State or Federal government, the more restrictive provision will control, to the extent permitted by law. B. Conflict with Other City Regulations If the provisions of this Chapter are inconsistent with one another, or if they conflict with provisions found in other adopted ordinances or regulations of the City, the more restrictive provision will control unless otherwise expressly stated. C. Conflict with Private Agreements and Covenants This Chapter is not intended to interfere with, abrogate or annul any easement, covenant, deed restriction or other agreement between private parties. The City does not enforce private covenants. If the provisions of this Chapter impose a greater restriction than imposed by a private agreements or covenants, the provisions of this Chapter control. Commentary: The City does not maintain a record of private agreements and is not responsible for enforcement of private agreements DELEGATION OF AUTHORITY Whenever a provision appears requiring the Zoning Administrator or Planning Director to perform an act or duty, that provision shall be construed as authorizing the Zoning Administrator or Planning Director to delegate that responsibility to others over whom they have authority GRAPHICS AND ILLUSTRATIONS Where graphics or illustrations included in this Chapter conflict with the text of the regulations, the text shall control. Otherwise, compliance with graphics and illustrations is required MEASUREMENTS AND EXCEPTIONS General No lot, even though it may consist of one or more adjacent lots of record in single ownership, shall be reduced in size so that the lot area, lot area per dwelling unit, lot width, required yard (setback), impervious area requirements, and other requirements of this Chapter are not maintained. This prohibition, however, does not prevent the purchase or condemnation of narrow strips of land for public utilities or right-of-way purposes Density A. Calculation Density is calculated as the number of dwelling units per gross acre located within the development site. B. Multiple Districts If the development site is located in more than one zoning district, the maximum number of dwelling units allowed must be determined separately for that portion of the site lying within each respective zoning district. 1-4 City of Waynesboro, Virginia

11 Chapter 98. Article 1. Introductory Provisions 1.13 Measurements and Exceptions Area Area Area shall be measured in gross square feet or acres. A. Lot B. Site 1. A single lot of record. 2. Lot area shall be that area contained within the property lines of a single, undivided piece of land. 3. If a lot falls within multiple zoning districts, the minimum lot area requirements for the most restrictive district shall be met. 1. A continuous quantity of land to be developed as a single project. A site may include more than one lot. 2. Site area shall be the total land area contained within the property lines of a development site. 3. A site may include multiple lots. C. Lot Area Per Unit Lot area per unit refers to the amount of lot area required for each dwelling unit on the subject lot. Commentary: For example, if a minimum lot area per unit standard of 1,000 square feet were applied to 7,000 square foot lot, a maximum of seven dwelling units would be allowed on that lot. D. Floor Area Floor area is the gross floor area (GFA) of a building. GFA shall be measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings and shall include: 1. The area of each floor of the structure; 2. All attic space used for active commercial space; and 3. All permitted outside storage areas. City of Waynesboro, Virginia 1-5

12 1.13 Measurements and Exceptions Chapter 98. Article 1. Introductory Provisions Lot Width E. Impervious Surface Impervious surface is the area of the lot that is permitted to be covered by buildings, including both principal structures and accessory buildings, paved areas such as swimming pools, driveways, uncovered porches or patios, or solid decks Lot Width Lot width is the horizontal distance between the side property lines of a lot measured at the point of the minimum front setback. 1-6 City of Waynesboro, Virginia

13 Chapter 98. Article 1. Introductory Provisions 1.13 Measurements and Exceptions Required Yards (Setbacks) Required Yards (Setbacks) A. General B. Front Yards 1. There are four types of required yards front, side (street), side (interior) and rear yards. 2. Every part of every required yard shall be open and unobstructed above the general ground level of the graded lot upward to the sky except as provided or as otherwise permitted in E. 3. No part of a required yard shall be included as a part of a yard similarly required for another structure or use. 1. Measurement (a) Front yards are measured from the front property line to the closest point of the building or structure. (b) Through lots must have a required front yard on both opposing sides of the lot. For purpose of this provision, the front property line is the property line abutting the street. City of Waynesboro, Virginia 1-7

14 1.13 Measurements and Exceptions Chapter 98. Article 1. Introductory Provisions Required Yards (Setbacks) (c) On corner lots, the front property line is the property line that is parallel to the alley that serves the lot. When no alley exists, the Zoning Administrator is authorized to establish the front property line and the street side property line based on the neighborhood lot pattern. (d) All single-family homes and duplexes must have a primary façade and entrance parallel to the street from which the front setback is marked. (Ord. No , 7/5/18) 2. Exception Adjustment of the required front yard regulations for lots on cul-de-sacs established in this article may be made by the Zoning Administrator as necessary to create a reasonable building line complementary to the balance of the neighborhood. 3. Front Yard Averaging, Residential When existing lawfully established residential buildings on one or more abutting lots are closer to the front property line than the otherwise required front yard, additions to existing residential buildings or construction of new residential buildings on the subject lot may comply with the average front yard depth that exists on the nearest two lots on either side of the subject lot in lieu of complying with the zoning district s minimum front yard requirement. (a) If one or more of the lots required to be included in the averaging calculation are vacant, the vacant lots shall be deemed to have a front yard depth equal to the minimum front yard requirement of the underlying zoning district. (b) Lots that front on a different street than the subject lot or that are separated from the subject lot by a street or alley may not be used in computing the average. 1-8 City of Waynesboro, Virginia

15 Chapter 98. Article 1. Introductory Provisions 1.13 Measurements and Exceptions Required Yards (Setbacks) City of Waynesboro, Virginia 1-9

16 1.13 Measurements and Exceptions Chapter 98. Article 1. Introductory Provisions Required Yards (Setbacks) (c) When the subject lot is a corner lot, the average front yard depth shall be computed on the basis of the nearest two lots that front on the same street as the subject lot. C. Side Yards (d) When the subject lot abuts a corner lot fronting on the same street, the average front yard depth will be computed on the basis of the abutting corner lot and the nearest 2 lots that front on the same street as the subject lot. 1. Measurement Side yards are measured from the side (interior or street) property line (or right-ofway line) to the closest point of the building. 2. Exceptions (a) Where a lot of record existing on or before October 9, 1961 is less than 60 feet in width, the required side yard on each side may be reduced to ten percent of the width of the lot; provided, that no side yard shall be less than five feet. (b) The minimum yard regulations established in this article shall not reduce the buildable width of a lot of record existing on or before October 9, 1961 to less than 55 percent of the lot width. (c) When an existing nonconforming structure encroaches into the otherwise required side yard, additions to that nonconforming structure may also encroach, but no further than the nonconforming structure City of Waynesboro, Virginia

17 Chapter 98. Article 1. Introductory Provisions 1.13 Measurements and Exceptions Required Yards (Setbacks) D. Rear Yards 1. Measurement Rear yards are measured from the rear property line to the closest point of the building. 2. Through Lots On through lots both (opposing) street lines are considered front property lines and front yard standards apply; rear yard standards do not apply. 3. Exception When an existing nonconforming structure encroaches into the otherwise required rear yard, additions to that nonconforming structure may also encroach, but no further than the nonconforming structure. E. Build-To Line Build-to line refers to the front and street side property line to which a minimum percentage of the building façade along the front yard and street side yard, if any, must be built. F. Features Allowed to Encroach Into Required Yards Required yards must be unobstructed and unoccupied from the ground to the sky except that features are allowed to encroach into required yards to the extent indicated in the following table: City of Waynesboro, Virginia 1-11

18 1.13 Measurements and Exceptions Chapter 98. Article 1. Introductory Provisions Building Separation Permitted Yard Encroachments OBSTRUCTION/PROJECTION INTO REQUIRED YARD FRONT SIDE REAR Accessory structure and building, provided such structure or building shall be behind the front building line and at least 5 feet from any interior side or rear lot line Bay windows that project no more than 18 inches into the required yard and are no more than 15 feet in width Carports or canopies attached to a primary structure, provided every part of such carport or canopy is unenclosed and not less than 5 feet from any side lot line Chimneys, pre-fabricated chimneys, flues, or smokestacks may extend a maximum of 4 feet into a required yard, provided it remains at least 4 feet from the property line. Driveways may extend, provided that, to the extent practicable, they extend across rather than along the required yard. Circular driveways may cross the required yard twice. Eaves and gutters projecting 24 inches or less into required yard Fences and walls, in accordance with Fire escapes may project up to 2 feet, provided they are unenclosed Landscaping in accordance with 5.4 Mechanical equipment for residential uses, such as HVAC units, provided it remains at least 4 feet from the property line Porches, covered; and stoops may extend a distance of not more than ten feet into the required front yard Porches, terraces, uncovered porches and ornamental features, provided, these projections shall be at least 5 feet from any lot line Recreational equipment (e.g., swing sets and basketball hoops) Retaining walls Service station pumps and pump islands that are not less than 50 feet from any residential district Service station pumps and pump islands, provided they are not less than 15 feet from any right-of-way line Signs, provided they are in conformance with standards found in 5.6 Sills and ornamental features may project up to 24 inches into the required yard Steps and stairs (primary access) projecting no more than 5 feet into the required yard and not less than 5 feet from any side lot line Utility lines located underground and minor structures accessory to utility lines (such as hydrants, manholes and transformers and other cabinet structures) Window wells that are not part of the foundation wall and not more than 30 inches in height. (Ord. No , 6/8/12) Building Separation Building separation shall be the required horizontal separation between any two buildings located on the same lot or parcel of land Street Frontage Street frontage shall mean the horizontal length of the street frontage along a property s lot line Height A. Building Building height is measured as the vertical distance from average finished grade to the highest point of any flat roof, or to the deck line of a mansard roof, or to the mean height 1-12 City of Waynesboro, Virginia

19 Chapter 98. Article 1. Introductory Provisions 1.13 Measurements and Exceptions Height between the plate and the ridge of a gable or hip roof. B. Telecommunications Tower or Structure Telecommunications tower or structure height is measured from ground level to the highest point on the telecommunications tower or structure, even if said highest point is an antenna. C. Amateur Radio and Receive-Only Antennas Antenna height is measured from ground level to the highest point on the antenna. City of Waynesboro, Virginia 1-13

20 1.13 Measurements and Exceptions Chapter 98. Article 1. Introductory Provisions Height D. Fence or Wall The height of fences or walls shall be measured as the vertical distance between finished grade on the highest side of the fence or wall to the top of the fence or wall, rather than to the top of the fence post or columns. Commentary: Fence posts or columns used to break up the mass of a fence of wall are not to be considered to be the top of the fence or wall. E. Exceptions, General The following features may exceed maximum building height limits, except as otherwise specified: 1. Chimneys; 2. Commercial television and radio towers; 3. Conveyors; 4. Cooling towers; 5. Elevators and elevator equipment housing; 6. Flagpoles; 7. Monuments; 8. Ornamental towers or spires; 9. Wind vanes and lightning rods; 1-14 City of Waynesboro, Virginia

21 Chapter 98. Article 1. Introductory Provisions 1.13 Measurements and Exceptions Height 10. Satellite antennas; 11. Skylights; 12. Smokestacks; 13. Solar panels that do not exceed maximum building height limits by more than two feet; 14. Stage fly towers or scenery lofts; 15. Cupolas; 16. Steeples and belfries; 17. Tanks; 18. Vents and ventilation stacks; and 19. Water and fire towers. F. Exception, Upper Floor Step-Back For nonresidential or multifamily building development on lots abutting residential districts that have a maximum allowed building height of 35 feet, the maximum building height at the point of the required yard or setback line is 28 feet. Height may be increased above 28 feet by up to two feet (vertical) for each one foot of building setback or upper floor step-back. City of Waynesboro, Virginia 1-15

22 1.14 Transitional Provisions Chapter 98. Article 1. Introductory Provisions Conforming Uses and Structures TRANSITIONAL PROVISIONS The following transitional provisions shall apply to various activities, actions and other matters pending or occurring on the effective date of this Chapter Conforming Uses and Structures A. Permitted Uses Any conditional use lawfully approved prior to the effective date of this Chapter shall continue to be valid after the effective date. Development in accordance with an approved conditional use shall comply with the requirements of this Chapter, provided that in the event of any inconsistency between an approved conditional use and the requirements of this Chapter, development in accordance with the approved conditional use shall be permitted. B. Conditional Uses 1. Any use or structure existing prior to the effective date of this Chapter that would be permitted by this Chapter as a conditional use in the district in which it is located, may be continued as if a Conditional Use Permit had been issued, provided that any use, structural or other changes shall comply with the provisions of this Chapter. 2. Any expansion or change of such use beyond conditions placed on the approval shall require a new conditional use approval in compliance with the procedures set out in 7.6, Conditional Use Permit. C. PUD Code of Developments 1. Any PUD Code of Development lawfully approved prior to the effective date of this Chapter shall continue to be valid after the effective date. Development shall be permitted in accordance with an approved PUD Code of Development. Such plans shall comply with the requirements of this Chapter, provided that in the event of any inconsistency between an approved PUD Code of Development and the requirements of this Chapter, development in accordance with the approved PUD Code of Development shall be permitted. 2. Any changes to previously approved PUD master plan (referred to as a Code of Development in this Chapter) shall be subject to the provisions of D. Variances Any variance lawfully approved prior to the effective date of this Chapter shall continue to be valid after the effective date. Development in accordance with an approved variance shall comply with the requirements of this Chapter, provided that in the event of any inconsistency between an approved variance and the requirements of this Chapter, development in accordance with the approved variance shall be permitted Violations Continue Any violation of the previous zoning ordinance shall continue to be a violation under this Chapter and shall be subject to penalties and enforcement under Article 9, unless the use, development, construction or other activity expressly complies with the current terms of this Chapter City of Waynesboro, Virginia

23 Chapter 98. Article 1. Introductory Provisions 1.15 Severability Nonconformities Nonconformities Any legal nonconformity under the previous zoning ordinance shall be considered a nonconformity under this Chapter, provided the situation that resulted in the nonconforming status under the previous regulations continues to exist. Such nonconformity may continue in accordance with the provisions of Article 8, Nonconformities. If, however, a nonconformity under the previous ordinance becomes conforming as a result of the adoption of this Chapter or any subsequent amendment to this Chapter, then such situation shall no longer be considered a nonconformity District Conversion The zoning district names in effect prior to the effective date of this Chapter are amended as shown below. Previous District New District RESIDENTIAL DISTRICTS RA-1 Single-family RS-12 Single-family Residential-12 RA-2 Single-family RA-3 Single-family RS-7 Single-family Residential-7 RA-4 Single-family RS-5 Traditional Residential-5 RB-1 General Dwelling RB-2 Multiple Dwelling RG-5 General Residential RB-3 High Density Dwelling R-MF Multifamily Residential RB-4 Mixed Density Dwelling R-MX Mixed Residential MH-1 Manufactured Housing -- -DELETED- NONRESIDENTIAL DISTRICTS C-1 Local Business L-B Local Business C-2 General Business H-B Highway Business C-3 Central Business C-B Central Business C-4 Professional and Service R-O Residential Office C-5 Extended Business H-B Highway Business M-1 Light Industrial L-I Light Industrial M-2 Heavy Industrial H-I Heavy Industrial OVERLAY AND PLANNED DISTRICTS -- Floodplain Overlay -FO Floodplain Overlay -- Corridor Overlay -CO Corridor Overlay -- Groundwater Overlay -GO Groundwater Overlay -- Historic Preservation Overlay -HPO Historic Preservation Overlay PUD Planned Unit Development PCD Planned Community (Cluster Residential) PUD Planned Unit Development M-C Planned Conditional Industrial H-B Highway Business Commentary: The primary purpose for this table is to summarize district name changes. These changes should be considered as part of Zoning District Map amendments (rezonings); however, more important factors to be considered in rezoning decisions are conditions on the ground, including dominate land use patterns and lot sizes, and the Land Use Guide, which is the official guide to zoning and rezoning decisions SEVERABILITY Should a court of law declare any article, section, clause or provision of this Chapter to be invalid, it is the express intent of the City Council that such declaration shall not affect the validity of the remainder of this Chapter as a whole, or any part thereof. City of Waynesboro, Virginia 1-17

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25 Article 2. General Zoning Districts 2.1. GENERAL DISTRICTS ESTABLISHED ZONING DISTRICT MAP District Boundaries Rules for Interpretation HOUSING TYPES USE TABLE Types of Uses Use Standards Accessory and Temporary Uses Use Categories RESIDENTIAL DISTRICTS General Residential Districts Purpose Statements Permitted Uses Conventional Development Option (In Residential Districts) Cluster Development Option (In Residential Districts) Nonresidential Development Standards (In Residential Districts) NONRESIDENTIAL DISTRICTS General Nonresidential Districts Purpose Statements Nonresidential Development Standards (In Nonresidential Districts) Residential Area and Dimensional Standards (In Nonresidential Districts) GENERAL DISTRICTS ESTABLISHED A. The following general zoning districts are hereby established: RS-12 RS-7 RS-5 RG-5 R-MX R-MF R-O L-B H-B C-B L-I H-I Residential Districts Single-family Residential-12 Single-family Residential-7 Traditional Residential-5 General Residential-5 Mixed Residential Multifamily Residential Nonresidential Districts Residential Office Local Business Highway Business Central Business Light Industrial Heavy Industrial DISTRICT HIERARCHY (MOST RESTRICTIVE TO LEAST RESTRICTIVE) B. Under the hierarchy of zoning districts established by this Chapter, the RS-12 district is the most restrictive general zoning district and the H-I district is the least restrictive general zoning district. Overlay and planned districts are not included in the zoning district hierarchy. City of Waynesboro, Virginia 2-1

26 2.2 Zoning District Map Chapter 98. Article 2. General Zoning Districts District Boundaries 2.2. ZONING DISTRICT MAP District Boundaries District boundaries and locations of the zoning districts, as shown on the series of maps entitled "Official Zoning District Maps (Zoning District Map), are hereby established. Such series of maps, together with all explanatory matters thereon, are hereby adopted by reference and declared to be part of this Chapter. If, in accordance with the provisions of this Chapter, changes are made in district boundaries or other matter portrayed on the Zoning District Map, the map or maps affected shall be amended promptly after the amendment has been approved by the City Council. A copy of the Zoning District Map, properly attested, shall be filed in the office of the Zoning Administrator and shall be available for inspection by the public Rules for Interpretation A. The Zoning Administrator is authorized to interpret the Zoning District Map, including determining disputed questions of lot lines or district boundary lines and similar questions. If such questions arise in the context of an appeal from a decision of the Zoning Administrator, they shall be handled as provided in 7.15, Administrative appeals. B. An application for a Zoning District Map interpretation shall be submitted by filing the application with the Zoning Administrator. At a minimum, the application shall identify the part or area of the map in dispute and specify the grounds for the dispute. Such application shall contain sufficient information to enable the Zoning Administrator to make the necessary interpretation. C. Where uncertainty exists as to the boundaries of districts shown on the Zoning District Map, the following rules shall apply: 1. Boundaries indicated as approximately following the center lines of streets, highways or alleys shall be construed to follow such center lines. 2. Boundaries indicated as approximately following platted lot lines shall be construed to follow such lot lines. 3. Boundaries indicated as approximately following corporate limits shall be construed to follow such corporate limits. 4. Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks. 5. Boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such center lines. 6. Boundaries indicated as parallel to or extensions of features indicated in subparagraphs C.1 through C.5, above, shall be so construed. D. Where a district boundary divides a lot or where distances are not specifically indicated on the Zoning District Map, the boundary shall be determined by measurement, using the scale of the Zoning District Map. E. Where any street or alley is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment. 2-2 City of Waynesboro, Virginia

27 Chapter 98. Article 2. General Zoning Districts 2.3. HOUSING TYPES 2.3 Housing Types Rules for Interpretation The following principal housing types and descriptions are established to provide a common terminology for housing in Waynesboro, some of which may not be currently found in the city. Single-family detached A residential building containing one dwelling unit located on a single lot with private yards on all four sides. Single-family attached A residential building with two attached dwelling units, each located on its own lot with a common or abutting wall along shared lot lines. Each dwelling unit has its own external entrance. Zero lot line house A dwelling unit located on a single lot with private yards on three sides. The unit has only a single side yard comprising the equivalent of two side yards of a single-family detached house. Two-family house (duplex) Two attached dwelling units in a single structure on a single lot (often called a duplex). The two units can be located on separate floors or side-by-side. More than one two-family house may be located on a single lot, subject to compliance with all applicable area and dimensional standards. Corner lot duplex A residential building with two attached dwelling units consolidated into a single structure. A corner lot duplex is located on a single, corner lot, and contains common walls. The building looks like a single-family detached building, with only one entrance visible from each street. Dwelling units may be situated either wholly or partially over or under the other dwelling unit. City of Waynesboro, Virginia 2-3

28 2.3 Housing Types Chapter 98. Article 2. General Zoning Districts Rules for Interpretation Multiplex A residential building with three to five attached dwelling units, consolidated into a single structure. A multiplex is typically on a single lot, and contains common walls. Each unit has its own external entrance. Dwelling units may be situated either wholly or partially over or under the other dwelling unit. Townhouse A residential building with three to ten attached dwelling units located on separately owned lots or on a single lot where the units are lined up in a row and share side walls. Each unit has its own external street facing entrance. Multifamily building A residential building containing three or more dwelling units sharing common walls and separate units by floor. Such buildings often share a common entrance. More than one multifamily building may be located on a single lot, subject to compliance with all applicable area and dimensional standards. Upper-story residential A dwelling unit located on a floor above a nonresidential use. 2-4 City of Waynesboro, Virginia

29 Chapter 98. Article 2. General Zoning Districts 2.4 Use Table Types of Uses 2.4. USE TABLE The Use Table lists uses allowed within zoning districts, and is subject to the explanations set forth below Types of Uses A. Permitted Uses A P indicates that a use is permitted by right in the respective district subject to the specific use standards in Article 4. Such uses are also subject to all other applicable requirements of this Chapter. B. Conditional Uses A C indicates a use that may be permitted in the respective general district only where approved by the City Council in accordance with 7.6. Conditional uses are subject to all other applicable requirements of this Chapter, including the specific use standards contained in Article 4. C. Uses Not Allowed A blank cell in the Use Table indicates that a use is not allowed in the respective district Use Standards The Use Standard column on the table is a cross-reference to any specific use standard listed in Article 4. Where no cross-reference is shown, no additional use standard shall apply Accessory and Temporary Uses The regulations that apply to accessory and temporary uses are contained in 4.6, Accessory uses, and 4.7, Temporary uses Use Categories A. All of the use categories listed in the table below are described in The second column of the Use Table lists some of the specific use types included within respective use categories. B. Uses not listed may be allowed pursuant to the similar use determination procedure of C. City of Waynesboro, Virginia 2-5

30 2.4 Use Table Chapter 98. Article 2. General Zoning Districts Use Categories USE CATEGORIES USE TYPES RS- 12 RS- 7 RS- 5 RG- 5 R- MX R- MF R- O L- B H- B C- B L- I H- I USE STANDARD RESIDENTIAL USES (SEE ) Single-family detached P P P P P P P P Household living (See A) Single-family attached P C P P P Two-family houses (duplex) P C P P P Corner lot duplexes P P P P P P Multiplexes P P P P C C C Multifamily building P P C C C Zero lot line houses P P P P C C C Townhouses P P P C C C C Upper-story residential P P P P P C Manufactured homes C C C C Manufactured home parks or subdivisions C C Boarding or rooming houses P P P P P Assisted or congregate living P P C C P Group living (See B) Dormitories P P Group homes/other (8 persons or fewer) P P P P P P P P Group homes/seniors P P P P C Nursing or convalescent home P P C C P C PUBLIC AND CIVIC USES (SEE ) Community service (See A) Day care (See B) Educational facilities (See C) Government facilities (See D) Civic clubs or community centers C C C C C C P P P C Libraries or museums C C C C C C P P P C All day care C C C C C P P C C C Schools, elementary or secondary P P P P P P P P P P Military academies P P P P P Government offices P P P P P P P P P P Post offices C C P P P P Public safety facilities P P P P P P P P P P P P Medical facilities (See E) Parks and open space (See F) Hospitals C P P Medical or dental clinics P P P P P Cemeteries and mausoleums C C C C Golf courses or clubs P P P P Parks or playgrounds P P P P P P P P P P P P City of Waynesboro, Virginia

31 Chapter 98. Article 2. General Zoning Districts 2.4 Use Table Use Categories USE CATEGORIES Passenger terminals and services (See G) Religious institution (See H) Social service institutions (See I) USE TYPES Airports RS- 12 RS- 7 RS- 5 RG- 5 R- MX Heliports P P All other passenger terminals and services P C P R- MF R- O L- B H- B C- B L- I P H- I USE STANDARD All religious institutions P P P P P P C P P P P Alternative- or post-incarceration facility P P P P Exclusive care and treatment for psychiatric, alcohol, or drug problems, where patients are P P P P residents (NAICS , 6232) Neighborhood resource center C P P P P Rehabilitative clinic P P P P Social service facility, soup kitchen, transient lodging or shelter for the homeless (NAICS 1 624, 6242) C C C C C All other social service institutions P P P P Utilities, minor (See J) Utilities, major (See J) COMMERCIAL USES (SEE ) All minor utilities P P P P P P P P P P P P Electric substations C C C C C C C C C C C C Telecommunications towers and facilities C C C C C C C C C C C C Utility offices, shops or yards C C C C Water/wastewater treatment plants C C Solar Farms C C C C C C C C C C P P Eating establishments (See A) Coffee shops P P P P P P Fast food P P P P Restaurants, limited C C C P P P P Restaurant and bar P P P Brewpub P P P Entertainment, indoor (See B) Adult uses C P P Bars or nightclubs C P P C Bowling alleys P P P Firing ranges, indoor P P Pool halls C P P P Theaters, auditoriums or exhibition hall P P P Membership clubs or lodges P P P P Entertainment, outdoor (See B) Arenas or stadiums P P P Driving ranges P Riding academy or boarding stable C P 1 North American Industry Classification System (see for more information) City of Waynesboro, Virginia 2-7

32 2.4 Use Table Chapter 98. Article 2. General Zoning Districts Use Categories USE CATEGORIES USE TYPES RS- 12 RS- 7 RS- 5 RG- 5 R- MX R- MF R- O L- B H- B C- B L- I H- I USE STANDARD Offices (See C) Bank or financial institution P P P P Business and professional offices P P P P P P P Radio or television studio P P P Overnight accommodations (See D) Bed and breakfasts C C P P P P P P P Hotels and motels P P Inns P P P P P Parking, commercial (See E) Retail sales and service, salesoriented (See F) All commercial parking P P P P Alcoholic beverage or liquor C P P Artist studios or galleries P P P P P Building supply and lumber P P P Convenience stores with fuel service C P C P Convenience stores without fuel service P P P P P P Drug store with drive-through C P Drug store without drive-through P P P P P Farmers market or farm stand P P Flea market or auction P P Florists, retail P P P Greenhouse or nursery P P Grocery stores P P P Manufactured home sales C P Retail sales and service, personal serviceoriented (See F) Animal care facilities and services P P P P Art studio or gallery P P P P Body art studios C P P Hair, nail, tanning or personal care services C P P P Hardware stores P P P P Headstone, monument or vault sales P P P Laundry or dry cleaning pickup stations P P P P Mortuaries or funeral homes P P Schools of special instruction C P P P Retail sales and service, repair- oriented (See F) Self-service storage (See G) All retail sales and service, repair-oriented P P P P All self-service storage P P P City of Waynesboro, Virginia

33 Chapter 98. Article 2. General Zoning Districts 2.4 Use Table Use Categories USE CATEGORIES Vehicle sales and service (See H) USE TYPES RS- 12 RS- 7 RS- 5 RG- 5 R- MX R- MF R- O L- B H- B C- B L- I H- I USE STANDARD Body shops and upholstery shops P P Fuel stations, including full-service, miniservice and self-service C P C P P Towing services P P Vehicle service, full P P Vehicle services, limited C P C P P Vehicle sales, rental, or leasing facilities C P C P P INDUSTRIAL USES (SEE ) All light industrial service uses not listed below P P Crematorium P Light industrial service (See A) Manufacture or assembly of equipment, instruments (including musical instruments), appliances, precision items, and other electrical items P P Micro-brewery C P C P P Vehicle or equipment storage yards P P Warehouse and freight movement (See B) Cold storage plants, including frozen food lockers Household moving and general freight storage P P Parcel services P P P Separate warehouses used by retail stores such as furniture and appliance stores Stockpiling of sand, gravel or other aggregate materials P P C P P P P Waste-related service (See C) Recycling centers P P Solid waste transfer or composting P P Waste service P Wrecking or salvage yards C P Wholesale trade (See D) Sale or rental of machinery, equipment, heavy trucks C P P Lumber yard C P P Mail order house P P P P P Railroads and appurtenances, right-of- way and tracks Retail sales of farm equipment and machinery and earth moving and heavy construction equipment C C C C C C C C C C P P P P City of Waynesboro, Virginia 2-9

34 2.4 Use Table Chapter 98. Article 2. General Zoning Districts Use Categories USE CATEGORIES USE TYPES RS- 12 RS- 7 RS- 5 RG- 5 R- MX R- MF R- O L- B H- B C- B L- I H- I USE STANDARD Heavy industrial (See E) Animal processing, packing, treating and storage All other heavy industrial C P OTHER USES (SEE ) Agriculture (See A) (Ord. No , 6/8/12) (Ord. No , 8/2/12) (Ord. No , 12/28/15) (Ord. No , 10/5/17) (Ord. No , 7/5/18) (Ord. No , 7/5/18) (Ord. No , 7/5/18) Agricultural crops, community gardens P P P P P P P P P P P P All other agriculture C 2-10 City of Waynesboro, Virginia

35 Chapter 98. Article 2. General Zoning Districts 2.5 Residential Districts General 2.5. RESIDENTIAL DISTRICTS General This section establishes the basic standards for all development in residential districts. The specific standards that apply may vary based on the zoning classification, building type and development type. These standards are not to be interpreted as a guarantee that allowed densities and development yields can be achieved on every lot. Parking requirements, availability of central water and wastewater services, and other factors may further limit development potential on some sites. Residential development shall comply with all applicable standards as set forth in Article 5, Site Development Standards, other provisions in this Chapter and all other applicable laws Residential Districts Purpose Statements A. Single-Family Residential (RS-12 and RS-7) The RS-12 and RS-7 districts are established to accommodate single-family detached residential neighborhoods on individual lots. The districts are differentiated primarily on the basis of minimum lot area and setback requirements. While the RS-12 and RS-7 districts primarily accommodate residential uses, specified nonresidential uses that are compatible with residential neighborhoods are also allowed. B. Traditional Residential (RS-5) The RS-5 district is established to accommodate traditional, small lot neighborhoods primarily characterized by single-family detached dwellings and other specified, compatible housing types. Lots in the RS-5 district have smaller minimum lot area and setback requirements, which are customarily associated with traditional neighborhoods. While the RS-5 district primarily accommodates residential uses, specified nonresidential uses that are compatible with residential neighborhoods are also allowed. C. General Residential (RG-5) The purpose of this district is to provide for the establishment of higher density residential uses, including single-family detached dwelling, two-family houses, townhouses and multiplexes, compatible with traditional residential neighborhoods. While the RG-5 district primarily accommodates residential uses, specified nonresidential uses that are compatible with residential neighborhoods are also allowed. D. Mixed Residential (R-MX) The R-MX district is established to accommodate a variety of housing opportunities at densities compatible with the applicable neighborhoods. While the R-MX district primarily accommodates residential uses, specified nonresidential uses that are compatible with residential neighborhoods are also allowed. E. Multifamily Residential (R-MF) The R-MF district is established to accommodate multifamily living in a higher density residential environment with due attention to existing uses, the character and suitability of areas so designated, and trends of growth and changes in the housing market. While the R- MF district primarily accommodates residential uses, specified nonresidential uses that are compatible with residential neighborhoods are also allowed Permitted Uses Uses permitted in the residential districts by the Use Table in 2.4, as permitted or conditional uses, plus accessory uses (See also 4.6), shall be permitted in the residential districts. City of Waynesboro, Virginia 2-11

36 2.5 Residential Districts Chapter 98. Article 2. General Zoning Districts Conventional Development Option (In Residential Districts) Conventional Development Option (In Residential Districts) A. Purpose Conventional subdivision is a pattern of residential development that provides the majority of property owners with substantial yards on their own property. B. General All residential development in residential districts shall comply with the area and dimensional standards of subsection C, below, the applicable provisions of Article 5, Site Development Standards, and all other applicable laws. A manufactured home on an individual lot shall be considered a single-family detached unit and shall also comply with the standards set forth in General exceptions to area and dimensional standards and rules for measuring compliance can be found in Commentary: Existing lots and buildings are subject to the conventional development standards, below. Only new subdivisions that comply with the cluster development standards listed in are eligible to use the cluster development option. C. Conventional Area and Dimensional Standards Residential Districts/Conventional Development Area and Dimensional Standards RS-12 RS-7 RS-5 RG-5 R-MX R-MF Single-family Detached Lot, Minimum Lot area per unit (square feet) Lot width (feet) Yards, Minimum (feet) Front Side (street) Side (interior) Rear 12, Building Height, Maximum (feet) Impervious Surface, Maximum (percent) 50% 55% 60% 60% 60% 60% Single-family Attached Density, Maximum (units/acre) Lot, Minimum Lot area per unit (square feet) Lot width (feet) Yards, Minimum (feet) Front Side (street) Side (interior) Rear Building Height, Maximum (feet) Impervious Surface, Maximum (percent) 70% 75% 75% 7, , , , , , , , City of Waynesboro, Virginia

37 Chapter 98. Article 2. General Zoning Districts 2.5 Residential Districts Conventional Development Option (In Residential Districts) Residential Districts/Conventional Development Area and Dimensional Standards RS-12 RS-7 RS-5 RG-5 R-MX R-MF Two-family House Density, Maximum (units/acre) Lot, Minimum Lot area per building (square feet) Lot area per unit (square feet) Lot width (feet) Yards, Minimum (feet) Front Side (street) Side (interior) Rear 7,500 3, ,000 3, Building Height, Maximum (feet) Impervious Surface, Minimum (percent) 70% 75% 75% Corner Lot Duplex Density, Maximum (units/acre) Lot, Minimum Lot area per building Lot area per unit Lot width Yards, Minimum (feet) Front Side (street) Side (interior) Rear 7,500 3, ,500 3, ,000 3, Building Height, Maximum (feet) Impervious Surface, Maximum (percent) 65% 70% 75% 75% Multiplex Density, Maximum (units/acre) Lot, Minimum Lot area per building Lot area per unit Lot width Yards, Minimum (feet) Front Side (street) Side (interior) Rear 7,500 3, ,000 2, Building Height, Maximum (feet) Impervious Surface, Maximum (percent) 75% 80% 80% Zero Lot Line House Density, Maximum (units/acre) Lot Dimensions, Minimum Lot area per unit (square feet) Lot width (feet) Yards, Minimum (feet) Front Side (street) Side (interior) Side (total) Rear Building Height, Maximum (feet) Impervious Surface, Maximum (percent) 60% 60% 60% , , ,000 3, ,000 3, ,000 2, , City of Waynesboro, Virginia 2-13

38 2.5 Residential Districts Chapter 98. Article 2. General Zoning Districts Conventional Development Option (In Residential Districts) Residential Districts/Conventional Development Area and Dimensional Standards RS-12 RS-7 RS-5 RG-5 R-MX R-MF Townhouse Density, Maximum (units/acre) Lot Dimensions, Minimum Lot area per unit (square feet) Lot width (feet) Yards, Minimum (feet) Front Side (street) Side (interior) Rear Building Height, Maximum (feet) Impervious Surface, Maximum (percent) 90% 90% 90% Multifamily Building Density, Maximum (units/acre) Lot Dimensions, Minimum Lot area per unit (square feet) Lot width (feet) Yards, Minimum (feet) Front Side (street) Side (interior) Rear Building Height, Maximum (feet) [1] Impervious Surface, Maximum (percent) 80% 80% [1] Lots abutting residential districts must comply with the upper floor step-back requirements of F. 2, , , , City of Waynesboro, Virginia

39 Chapter 98. Article 2. General Zoning Districts 2.5 Residential Districts Cluster Development Option (In Residential Districts) Cluster Development Option (In Residential Districts) A. Purpose The cluster development alternative may be permitted in the RS-12, RS-7, RS-5, RG-5 and R- MX zoning districts. Cluster development is a pattern of residential development that allows subdivision designs with smaller yards on individual properties in exchange for the preservation of more open space than conventional development designs. Cluster development allows more compact and less costly networks of roads and utilities. B. General Applicants utilizing the cluster subdivision option shall comply with the area and dimensional standards of subsection C, below, all applicable development standards as set forth in Article 5, Site Development Standards, other applicable provisions of this Chapter and all other applicable laws. General exceptions to area and dimensional standards and rules for measuring compliance can be found in C. Cluster Area and Dimensional Standards Residential Districts/Cluster Development Area and Dimensional Standards Singlefamily Detached w/street Access Singlefamily Detached w/alley Access Singlefamily Attached Corner Duplex Maximum Density (units/acre) RS-12 RS-7 RS-5 RG-5 R-MX Common Area, Minimum (percent) RS-12 RS-7 RS-5 RG-5 R-MX Lot Dimensions, Minimum Lot area per unit (square feet) Lot width (feet) Yards, Minimum (feet) Front Side (street) Side (interior) Side (total) Rear Garage Setback, Minimum (feet) Front and street side (attached or detached) Rear (attached) Rear, adjacent to alley (detached) Bulk Building height, maximum (feet) Impervious area, maximum (percent) % 20% 15% 15% 15% 4, % % 20% 15% 15% 15% 3, % % 15% 3, % % 15% 3, % Twofamily House % 15% 3, % Multiplex % 15% 2, % Zero Lot Line % 15% 3, % Townhouse w/alley Access % 15% 1, % City of Waynesboro, Virginia 2-15

40 2.5 Residential Districts Chapter 98. Article 2. General Zoning Districts Nonresidential Development Standards (In Residential Districts) D. Project Boundary Buffer Alternatives When a cluster development is proposed abutting an existing or approved residential subdivision that is not part of the cluster development, a project boundary buffer shall be provided in accordance with A.2. E. Prohibited Uses Manufactured homes are not allowed in cluster developments. (See also C.) Nonresidential Development Standards (In Residential Districts) As set forth in the Use Table (See also 2.4), certain nonresidential uses are permitted in residential districts. Nonresidential development in residential districts shall comply with the development standards as set forth below. General exceptions to area and dimensional standards and rules for measuring compliance can be found in Nonresidential Development In Residential Districts Area and Dimensional Standards RS-12 RS-7 RS-5 RG-5 R-MX R-MF Site Area, Minimum Site area (square feet) Site width (feet) Yards, Minimum (feet) Front Side (street) Side (interior) Side (total) Rear Bulk Height, maximum (feet) [1] [2] Impervious area, maximum (percent) 12, % 6, % 5, % 5, % Note: [1] See also E for applicable height exceptions. [2] Lots abutting residential districts must comply with the upper floor step-back requirement of F. 5, % 5, % 2-16 City of Waynesboro, Virginia

41 Chapter 98. Article 2. General Zoning Districts 2.6 Nonresidential Districts General 2.6. NONRESIDENTIAL DISTRICTS General Nonresidential development shall comply with all applicable standards as set forth in Article 5, Site Development Standards, other provisions in this Chapter and all other applicable laws Nonresidential Districts Purpose Statements A. Residential Office (R-O) The R-O district is intended to provide areas suitable for professional services, which meet the needs of the community, and to serve as a transitional district separating more intensive commercial districts and arterial traffic from the surrounding residential neighborhoods. Adaptive re-use and preservation of older residential structures is encouraged in the R-O district. Buildings, uses and parking should retain the residential character and scale of the residential neighborhood. B. Local Business (L-B) The L-B district is established to provide for small-scale commercial uses offering primarily convenience shopping and services for adjacent and nearby residential uses. Proximity to residences requires that commercial operations be low intensity, unobtrusive and conducted at a scale and density compatible with the surrounding neighborhood. Development in the L- B district places relatively low demand on public services, transportation and utilities. C. Highway Business (H-B) The H-B district is established for the development of offices, hotels, service uses and similar businesses relying on close proximity to major transportation routes. These districts shall be restricted to areas located on arterials and highways. Uses within these districts shall have an attractive appearance consistent with building design standards, ample parking and loading areas, suitable landscaping and buffering. Controlled traffic movement, including the utilization of service roads, may be required. D. Central Business (C-B) The C-B district is established to encompass the retail, office and residential core of downtown Waynesboro and is established to encourage intense development and pedestrian activity through a mixture of uses appropriate to the downtown area. The standards of this district are established to provide for a vital downtown economy that accommodates commercial, civic, cultural, entertainment and residential uses. E. Light Industrial (L-I) The L-I district is intended to provide a location for low-intensity manufacturing and industrial activities that may generate some nuisances. Industrial uses are not appropriate interspersed with residential uses. Traffic generation will likely include heavy vehicles making access necessary to an arterial street or a U.S. interstate highway. Unless separated by an arterial or suitable buffer, the L-I district is not appropriate adjacent to any residential district. F. Heavy Industrial (H-I) The H-I district is established in order to provide sites for activities which involve major transportation terminals and manufacturing facilities that have a greater impact on the surrounding area than industries found in the L-I district, consistent with historical industrial use patterns. It is the intent of this district to provide an environment for industries that is City of Waynesboro, Virginia 2-17

42 2.6 Nonresidential Districts Chapter 98. Article 2. General Zoning Districts Nonresidential Development Standards (In Nonresidential Districts) unencumbered by nearby residential development. Unless separated by an arterial, the H-I district is not appropriate adjacent to any residential district Nonresidential Development Standards (In Nonresidential Districts) A. As set forth in the Use Table (See also 2.4), certain nonresidential uses are permitted in nonresidential districts. Permitted nonresidential uses shall comply with the following area and dimensional standards. General exceptions to area and dimensional standards and rules for measuring compliance can be found in Nonresidential Development In Nonresidential Districts Area and Dimensional Standards R-O L-B H-B C-B L-I H-I Site Area, Minimum Site area (square feet) Site width (feet) Yards Front, minimum (feet) Front, maximum (feet) Side, minimum street (feet) Side, minimum interior (feet) abutting residential district Rear (feet) abutting residential district 6, , , N/A N/A 20, , N/A N/A N/A Build-to line, mandatory (percent) N/A N/A N/A 70% N/A N/A Bulk Height, minimum (feet) Height, maximum (feet) Impervious area, maximum (percent) N/A 35 50% N/A 35 75% N/A 50 [2] 85% 25 [1] 100 [2] 100% Notes: [1] The Waynesboro Land Use Guide recommends a minimum of two floors for all downtown buildings. A 13 foot floorto-ceiling height is recommended by the Guide for all first floor space in downtown building. [2] Lots abutting residential districts must comply with the upper floor step-back requirement of F. B. More than one building may be permitted on a single lot (See also 4.1, Complexes). C. Mandatory build-to line requirements may be modified pursuant to the provisions of 7.6. Commentary: The mandatory build-to line requirement, new to Waynesboro, is explained in E Residential Area and Dimensional Standards (In Nonresidential Districts) As set forth in the Use Table (See also 2.4), certain residential uses are permitted in nonresidential districts. A. Area and dimensional standards for single-family detached, two-family houses, corner lot duplexes and multiplexes shall be the same as in the RG-5 district. (See also 2.5) B. Area and dimensional standards for townhouses and multifamily building uses are established through the Conditional Use Permit review process (See also 7.6); however, in the H-B and C- B districts no townhouse or multifamily building shall be established on a parcel less than 20,000 square feet in area. C. Except in the C-B district, multifamily building parcels and upper-story residential units in nonresidential districts shall not exceed a density of 8 units per acre. D. Upper-story residential is permitted on the upper floors of a nonresidential building and shall comply with all area and dimensional standards of the principal building. N/A % N/A % 2-18 City of Waynesboro, Virginia

43 Article 3. Planned and Overlay Zoning Districts 3.1. PLANNED AND OVERLAY DISTRICTS ESTABLISHED PLANNED UNIT DEVELOPMENT (PUD) Purpose Statement Code of Development OVERLAY DISTRICTS General Corridor Overlay (-CO) Historic Preservation Overlay (-HPO) Groundwater Management Overlay ( GMO) Floodplain Overlay (-FO) General Standards Specific Standards PLANNED AND OVERLAY DISTRICTS ESTABLISHED The following planned and overlay districts are hereby established: PUD -FO -CO -GO -HPO Planned District Planned Unit Development Overlay Districts Floodplain Overlay Corridor Overlay Groundwater Overlay Historic Preservation Overlay 3.2. PLANNED UNIT DEVELOPMENT (PUD) Purpose Statement A. General The Planned Unit Development (PUD) district is intended to accommodate development that may be difficult if not impossible to carry out under otherwise applicable or available zoning district standards. Examples of the types of development that may benefit from the PUD district include the following: 1. Enhanced Protection of Natural Resource Areas Developments that offer enhanced protection of natural resources and sensitive environmental features, including streams, water bodies, floodplains, wetlands, steep slopes, woodlands, wildlife habitats and native plant communities. 2. Traditional Neighborhood Development Developments characterized by lot configurations, street patterns, streetscapes, and neighborhood amenities commonly found in urban neighborhoods platted or otherwise created before the 1950s. 3. Mixed-Use Development Developments that contain a complementary mix of residential and nonresidential uses. City of Waynesboro, Virginia 3-1

44 3.2 Planned Unit Development (PUD) Chapter 98. Article 3. Planned and Overlay Zoning Districts Code of Development B. Implement the Comprehensive Plan The Comprehensive Plan, and the Land Use Guide contained therein, recommends land use combinations for respective areas of the city. According to the Guide, the specific mix of uses in a Planned Unit Development should include a variety of physically and functionally integrated land uses, including light industrial, commercial, office, educational, civic, institutional, residential and service uses Code of Development In approving a Planned Unit Development district, the City Council shall require a Code of Development for each PUD development. The development proposed in the PUD shall be compatible with surrounding land uses and shall maintain and enhance the value of surrounding properties. The Code of Development shall be prepared by a professionally certified civil engineer, landscape architect or other land use professional. The approved Code of Development shall be filed as part of the approval and shall include: A. Introduction Each PUD development shall be designed to achieve the purposes for the PUD district as described B. Concept Plan A concept plan shall illustrate the plan of development, including, but not limited to, streets and trails, land use pattern, and the relationship between the proposed PUD development and adjacent development. C. Permitted Uses The mix of permitted uses shall be established by the City Council at the time of approval and must be in accordance with the Comprehensive Plan Land Use Guide. D. Area and Dimensional Standards Area and dimensional standards shall be established at the time of approval. E. Common Area and Amenities The PUD district shall include a minimum of 20 percent common area. Common area and amenities shall comply with the standards of 5.8. F. Design Guidelines The PUD district Code of Development shall include a comprehensive set of design guidelines that demonstrate the project will be appropriate within the context of the surrounding properties and the larger community. Such features shall be adopted in conjunction with and as part of the approval of a PUD approval. G. Site Development Standards Site Development Standards of Article 5 may be modified as part of Planned Unit Development approval in order to allow the applicant flexibility to maximize quality and livability within the built environment. H. Street Standards Typical street design standards, as described in City Code, Chapter 74, Article 4, may be modified as part of a Planned Unit Development approval in order to allow the developer or subdivider more flexibility in the arrangement of streets and lots. Approved streets should protect for the convenience, health, safety and general welfare of the future residents of the subdivision as well as the character of the surrounding property and the general welfare of the entire community. 3-2 City of Waynesboro, Virginia

45 Chapter 98. Article 3. Planned and Overlay Zoning Districts 3.3 Overlay Districts General I. Project Boundary Buffer Alternatives When a Planned Unit Development is proposed abutting an existing or approved residential subdivision that is not part of the Planned Unit Development, a project boundary buffer shall be provided in accordance with A.2. Commentary: Project boundary buffers are required to mitigate impacts upon existing residential development. Buffers are recommended but not required adjacent to existing nonresidential development. J. Phasing If development is proposed to occur in phases, the PUD Code of Development shall include a phasing plan for the development, and projected build-out events or dates for each phase. Each phase shall constitute a self-sufficient infrastructure system and include a proportionate share of any required common area and amenity facilities, unless some or all of such area and facilities is provided in a completed phase(s) OVERLAY DISTRICTS General The overlay district standards of this section prescribe additional regulations as described herein, applicable to underlying parcels. These supplemental regulations are in addition to, and shall overlap and overlay, those of the underlying zoning districts. Properties within an overlay district are designated on the Zoning District Map. Parcels in the Historic Preservation Overlay district are also governed by one or more zoning districts, which continue in full force with applicable regulations as set forth elsewhere in this Chapter Corridor Overlay (-CO) A. Purposes The corridor overlay ( CO) district is intended to protect and enhance significant entrance corridors to the city or those corridors of notable visual quality. All development in the CO district shall be carefully reviewed for compliance with the applicable requirements of this Chapter to insure that this purpose is effected to the extent possible. B. Applicability The -CO district shall apply as shown on the Zoning District Map to an area extending 500 feet from either side of the centerline of the right-of-way along the following corridors: 1. Delphine Avenue from I-64 northeast to the corporate limits; 2. East Main Street from the corporate limits northwest to Broad Street; 3. West Main Street from the corporate limits southeast to Broad Street; 4. Rosser Avenue and/or P. Buckley Moss Drive from the corporate limits northeast to Main Street; 5. Ivy Street from the corporate limits south to Hopeman Parkway; 6. Broad Street (from East Main to West Main); and 7. Interstate 64 through the city of Waynesboro. C. Permitted Uses All permitted and conditional uses of the underlying zoning district are allowed subject to the specific requirements and procedures for each use type. City of Waynesboro, Virginia 3-3

46 3.3 Overlay Districts Chapter 98. Article 3. Planned and Overlay Zoning Districts Corridor Overlay (-CO) D. Maximum Front Yard Requirement Maximum front yard in the CO district shall be as follows: 1. Maximum: 95 feet Commentary: The front yard requirement is intended to limit the amount of parking adjacent to designated suburban corridors. The maximum allows up to two bays of parking and required landscaping in front of buildings along the designated corridors. E. Prominent Building Requirements 1. Purpose The purpose of this section is to facilitate the creation of a convenient, attractive and harmonious community compatible with historic development by providing articulation and human scale for the prominent building façades of relatively large buildings. 2. Applicability The standards of this subsection E shall apply to: (a) Construction, renovation or redevelopment of nonresidential structures and complexes with aggregate floor area of more than 60,000 square feet; and/or (b) Expansion of such structures or complexes by more than 3,000 square feet or ten percent of existing floor area. Commentary: See 4.1 for more information on complexes. 3. Building Articulation Standards (a) Façades greater than 100 feet in length, measured horizontally, shall incorporate wall plane projections or recesses having a minimum depth of three percent of the length of the façade and extending a minimum of 20 percent of the length of the façade. No uninterrupted length of any façade shall exceed 100 horizontal feet. (b) Ground floor façades that face public rights-of-way or parking areas shall have arcades, display windows, entry areas, awnings or other such features along a minimum of 75 percent of their horizontal length and a corner wrap of the same façade treatment for a distance equal to five percent of the ground floor façade extending from all front building corners. 3-4 City of Waynesboro, Virginia

47 Chapter 98. Article 3. Planned and Overlay Zoning Districts 3.3 Overlay Districts Historic Preservation Overlay (-HPO) (c) No horizontal wall section shall extend for a distance greater than three times its height without a change in elevation of a minimum of 15 percent of such height. This height change shall continue for a minimum of 25 percent of the length of either adjacent plane. 4. Blank Wall Area Blank wall areas on building façades facing public right-ofway shall extend a maximum of 15 feet in the vertical direction or 30 feet in the horizontal direction. F. Alternative Compliance The City Council may modify the standards of this section by Conditional Use Permit in accordance with 7.6 where the alternative proposed achieves the purposes of this subsection Commentary: Considerable flexibility exists in how one achieves the intent and purpose of these building design standards. The standards serve to provide a starting point for negotiations and to focus discussion on the appropriate issues Historic Preservation Overlay (-HPO) A. Purpose and Intent The -HPO district is established, in accordance with VA Code Ann , to protect and enhance valuable historic resources of the nation, state and the City. Protection of historic resources promotes the general welfare by generating economic opportunities and attracting visitors; encouraging interest and education in architecture, design and history; and making the City an attractive and desirable place to live and work. Specifically, the HPO district is intended to: 1. Encourage the preservation and rehabilitation of important historic, architectural and cultural resources; City of Waynesboro, Virginia 3-5

48 3.3 Overlay Districts Chapter 98. Article 3. Planned and Overlay Zoning Districts Historic Preservation Overlay (-HPO) B. Applicability 2. Prevent the loss of irreplaceable historic resources and diminishment of the City's historic districts; 3. Promote resources that link present and future generations to the City's unique history and thereby contribute to a shared sense of community; 4. Enhance tourism and economic development opportunities; 5. Preserve property values and contribute to pleasant and attractive neighborhoods; and 6. Pursue the Comprehensive Plan goals for historic preservation. 1. The -HPO district shall apply, as shown on the Zoning District Map, to the following historic districts and historic landmarks as described in the Virginia Landmarks Register and the National Register of Historic Places: (a) Historic Districts (1) The Tree Streets Historic District (2) The Port Republic Road Historic District (3) The Waynesboro Downtown Historic District (b) Landmarks (1) Fishburne Military School (2) Fairfax Hall (3) The Plumb House (4) The Coiner-Quesenbery House Commentary: Inventories describing contributing structures and buildings of the historic districts are available in the office of the Zoning Administrator. 2. Designation of Historic Districts and Landmarks (a) Additional parcels, structures and buildings may be added to the -HPO district as new landmarks and districts or as additions to existing districts through an inventory and designation process in keeping with the Virginia Department of Historic Resource requirements for district and landmark designation. The City Council may designate local landmarks and districts following this process regardless of State or national designations. (b) Designation of parcels or landmarks to the Historic Preservation Overlay district requires a Zoning District Map amendment (rezoning) as described in 7.4. C. Permitted Uses All permitted and conditional uses of the underlying zoning district are allowed subject to the specific requirements and procedures for each use classification, provided however, manufactured homes shall not be permitted. 3-6 City of Waynesboro, Virginia

49 Chapter 98. Article 3. Planned and Overlay Zoning Districts 3.3 Overlay Districts Historic Preservation Overlay (-HPO) D. Maintenance and Building Code Provisions Owners of historic landmarks or contributing historic buildings and structures shall not allow them to fall into a state of disrepair so as to endanger their physical integrity or the public health and safety. E. Order of Demolition for Unsafe Buildings Nothing in this article shall apply to or in any way prevent the moving, or demolition in whole or in part of any building or structure in the city which is in such a dangerous, hazardous or unsafe condition that it has been ordered demolished by the Building Official. F. Certificate of Appropriateness 1. Applicability A Certificate of Appropriateness is required prior to demolition or relocation of an historic structure. 2. Application Requirements An application for Certificate of Appropriateness shall be submitted in accordance with Application Requirements. 3. Notice and Public Hearings The Planning Commission shall hold all required public hearings and give notice in accordance with 7.2.5, Notice and public hearings. 4. Action by Planning Director The Planning Director shall review the application and, considering the review criteria in subsections 7 and 8, below, and make a recommendation to the Planning Commission. 5. Action by Planning Commission (a) Following a properly advertised public hearing and after having reviewed relevant information on the matter the Planning Commission may approve the application as proposed, approve the application with modifications or deny the application in which case written reasons for denial shall be forwarded to the applicant. (b) The Planning Director shall forward written notice of approval, modification or denial to the Zoning Administrator. 6. Right to Relocate or Demolish (a) In accordance with VA Code Ann , the owner of any historic landmark, building or structure shall have the right to relocate or demolish such landmark, building or structure so long as: (1) The owner has applied to the City for the right to do so in a manner as described (herein); (2) The owner has, for a time period as listed herein and at a price reasonably related to its fair market value, made a bona fide offer to sell: (i) (ii) The landmark, structure or building and the land pertaining thereto; or The landmark, building or structure for sale separate from the land to any individual or entity which gives reasonable assurance to preserve the landmark, structure or building. City of Waynesboro, Virginia 3-7

50 3.3 Overlay Districts Chapter 98. Article 3. Planned and Overlay Zoning Districts Historic Preservation Overlay (-HPO) (3) No bona fide contract, binding on all parties thereto, shall have been executed for the sale of landmark, structure or building and the land pertaining thereto, prior to the applicable time period as listed below: (i) Three months when the offering price is less than $25,000.00; (ii) Four months when the offering price is $25, or more but less than $40,000.00; (iii) Five months when the offering price is $40, or more but less than $55,000.00; (iv) Six months when the offering price is $55, or more but less than $75,000.00; (v) Seven months when the offering price is $75, or more but less than $90,000.00; and (vi) 12 months when the offering price is $90, or more. (b) Bona Fide Offer to Sell (1) The applicant shall, in writing, notify the Zoning Administrator of the bona fide offer to sell to begin the offer time period as listed above. The applicant shall provide the Zoning Administrator evidence of normal efforts of an earnest seller to aggressively market the property including conspicuous and regular advertising in publications of local circulation or advertising with various listing services. The applicant shall also place conspicuous advertising on the property in a location and of such size as might normally be expected for the sale of any property by an earnest seller. The Zoning Administrator shall review the applicant's offer to sell and any proposed conditions to that sale within ten days of the original notice to determine that a bona fide offer has been initiated. If at any time the seller fails to follow or maintain the bona fide offer to sell, the time period for sale shall lapse. (2) If no bona fide contract to sell has been executed at the termination of the offer period, the seller shall provide the Zoning Administrator an affidavit demonstrating their efforts to sell, detailing inquiries and attesting to the fact that no viable purchase offer was made. (3) Sale of the property shall terminate the petition to demolish and any new owner would be required to follow the procedures as listed (herein) in order to demolish or relocate a regulated structure. (c) Fair Market Value Fair market value shall be considered a price not exceeding the assessed value of the property, as determined by the City's real estate assessor, such assessment being performed upon indication by the owner/applicant that he/she wishes to pursue demolition after denial of a certificate of appropriateness by the Planning Commission. This assessment shall be based on both an interior and exterior inspection of the property and shall represent a current assessment of the property's fair market value. The owner/applicant may challenge the assessed value as a fair market value by seeking at his/her sole expense an independent appraisal of the property in question completed by a licensed appraiser. Should the City's real estate assessor and the independent appraiser not agree upon the 3-8 City of Waynesboro, Virginia

51 Chapter 98. Article 3. Planned and Overlay Zoning Districts 3.3 Overlay Districts Historic Preservation Overlay (-HPO) said fair market value, they shall choose a third qualified appraiser. A median value shall be established by the three appraisers, which shall be final and binding. The bona fide offer to sell period shall commence once a fair market value is established. 7. Demolition criteria The Planning Commission may consider any or all of the following criteria when deliberating on an application for certificate of appropriateness to demolish a landmark or structure or building within the HPO district: (a) Whether or not the building or structure embodies distinctive characteristics of a type, period, style, method of construction, represents the work of a master, possesses high artistic values or is associated with events that make a significant contribution to the broad local history or is associated with historically significant persons. (b) Whether or not the building or structure contributes visible architectural value to and provides historic continuity with properties within the same block, including both sides of the street, and the viewshed. (c) Whether the building or structure is of such age, authenticity and unusual or uncommon design, setting, workmanship, and materials, and whether such design, quality and workmanship and traditional materials could be reproduced. (d) Specific plans for the site should the structure or building be demolished and the architectural compatibility of those plans and uses with properties within the same block, including both sides of the street and the viewshed. (e) Whether it is economically and practically feasible in the opinion of a qualified structural engineer and/or building trades professional to preserve or restore the structure. (f) (g) Whether the property owner can make alternate, economically viable uses of the property. Whether relocation may be appropriate and feasible as an alternative to demolition. (h) Whether the existing structure is suited to or can be adapted to a proposed change in land use. (i) Whether the structure or building is a contributing or noncontributing resource within the HPO district. 8. Relocation Criteria The Planning Commission may consider any or all of the following criteria when deliberating on an application for certificate of appropriateness to relocate a landmark or structure or building within the HPO district: (a) Whether or not the building or structure embodies distinctive characteristics of a type, period, style, method of construction, represents the work of a master, possesses high artistic values or is associated with events that make a significant contribution to the broad local history or is associated with historically significant persons. City of Waynesboro, Virginia 3-9

52 3.3 Overlay Districts Chapter 98. Article 3. Planned and Overlay Zoning Districts Groundwater Management Overlay ( GMO) (b) Whether or not the building or structure contributes visible architectural value to and provides historic continuity with properties within the same block, including both sides of the street, and the viewshed. (c) Specific plans for the site, should the structure or building be demolished; and the architectural compatibility of those plans and uses with properties within the same block, including both sides of the street, and the viewshed. (d) Whether the structure or building can be moved without harm or damage to its physical integrity. (e) Whether the proposed relocation area is compatible with the building or structure's documented historic, scenic, cultural, aesthetic or architectural character in terms of architectural style and period of construction and furthers preservation of the building or structure and is located within the city. (f) (g) Where appropriate, relocation should be encouraged by allowing improvements to be sold separate from the underlying property at an offering price not to exceed the fair market value as determined according to F.6(c). Whether the structure or building is a contributing or non contributing resource within the HPO district. (h) Whether the existing structure is suited to or can be adapted to a proposed change in land use. 9. Appeals If an application for a Certificate of Appropriateness is denied or modified, the applicant may appeal such decision within 30 days to the City Council. The City Council shall consider the application following a review of the Planning Director's report and the full written record of the Planning Commission's meeting and decision on the matter. (Ord. No , 6/8/12) Groundwater Management Overlay ( GMO) A. Purpose and Intent For the protection of public health and to ensure the availability of a pure water supply, the City Council may delineate groundwater management areas within the City in areas where the aquifers are known to contain any contaminant or contaminants exceeding the maximum contaminant levels established under State or Federal law, including an appropriate buffer area. B. Applicability The GMO district shall apply as shown on the Zoning District Map. Such groundwater management areas shall constitute an overlay on existing zoning and may be established in the same manner as property within the city is rezoned pursuant to 7.4. C. Permitted Uses All permitted and conditional uses of the underlying zoning district are allowed subject to the specific requirements and procedures for each use classification; provided, however, such uses may be further restricted by the City Council in conjunction with development review City of Waynesboro, Virginia

53 Chapter 98. Article 3. Planned and Overlay Zoning Districts 3.3 Overlay Districts Floodplain Overlay (-FO) D. Requirements as to Domestic Water Supply Connection of buildings to city water system shall be required for all development within the GMO district where such service is available either on-site, by easement or in an adjacent public right-of-way. Thereafter, use of any other source of water supply for domestic use shall cease. A reasonable charge for the connection may be imposed for such connection, but irrespective of anything in the City Code to the contrary, said charges shall not exceed the actual cost to the City of installing the line. E. Restrictions on Private Wells No person owning property within a groundwater management area designated hereunder shall place a new well or operate an existing well for domestic use on such property unless a public water system as described in D is not available to such property. This section shall not prohibit use of an existing well for lawn or ornamental plant irrigation Floodplain Overlay (-FO) A. Purposes The purposes of this section, comprising the City's -FO district regulations, are to prevent the loss of life and property, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by: B. Scope 1. Regulating uses, activities, and development which, alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood elevations, velocities and frequencies; 2. Restricting or prohibiting certain uses, activities and development from locating within districts subject to flooding; 3. Requiring all those uses, activities, and developments that do occur in floodprone districts to be protected and/or floodproofed against flooding and flood damage; 4. Ensuring that dwellings and their inhabitants are protected from hazards associated with flooding; and 5. Protecting individuals from buying land and structures which are unsuited for intended purposes because of flood hazards. 1. These provisions shall apply to all privately- and publicly-owned lands within the jurisdiction of the City and identified as being floodprone. 2. The degree of flood protection sought by the provisions of this section is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood elevations may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This section does not imply that districts outside the -FO district, or that land uses permitted within such district, will be free from flooding or flood damage. 3. This section shall not create liability on the part of the City or any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder. City of Waynesboro, Virginia 3-11

54 3.3 Overlay Districts Chapter 98. Article 3. Planned and Overlay Zoning Districts Floodplain Overlay (-FO) 4. This section supersedes any ordinance currently in effect in floodprone districts. However, any underlying ordinance shall remain in full force and effect to the extent that its provisions are more restrictive than this section. 5. Any and all improvements, analyses, studies and/or investigations required by this section shall be performed at the sole cost of the applicant and/or land owner. C. Delineation of District The boundaries of the FO district, described below, are established as shown on the Flood Insurance Rate Map which is declared to be a part of this ordinance and which shall be kept on file in the office of the Zoning Administrator. The effective date of the Flood Insurance Rate Map and Flood Insurance Study is September 28, 2007 and as periodically revised and/or amended by FEMA. 1. The Floodway zone is delineated, for purposes of this ordinance, using the criterion that certain areas within the floodplain must be capable of carrying the waters of the 100-year flood without increasing the water surface elevation of that flood more than one foot at any point. The areas included in this zone are specifically defined in the City of Waynesboro Flood Insurance Study. 2. The special floodplain district shall be those areas identified as an AE zone on the maps accompanying the Flood Insurance Study for which 100-year flood elevations have been provided. 3. The approximated floodplain district shall be those areas identified as an A or A99 zone on the maps accompanying the Flood Insurance Study. In these zones, no detailed flood profiles or elevations are provided, but the 100-year floodplain boundary has been approximated. For these areas, the 100-year flood elevations and floodway information from federal, state, and other acceptable sources shall be used, when available. Where the specific 100-year flood elevation cannot be determined for this area using other sources of data, such as the U.S. Army Corps of Engineers Flood Plain Information Reports, U.S. Geological Survey Flood-prone Quadrangles, etc., then the applicant for the proposed use, development and/or activity shall determine this elevation in accordance with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently-accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the governing body. 4. The shallow flooding district shall be those areas identified as zone AO or AH on the maps accompanying the Flood Insurance Study. 5. Where no floodway has been determined, the Floodplain Administrator may require that the applicant for the proposed use, development and/or activity shall determine the floodway in accordance with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by qualified engineers or others of demonstrated qualifications, who shall certify the technical methods used to reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the City City of Waynesboro, Virginia

55 Chapter 98. Article 3. Planned and Overlay Zoning Districts 3.3 Overlay Districts Floodplain Overlay (-FO) D. Physical Changes Affecting Flood Conditions 1. In the event that the base flood elevations increase or decrease resulting from physical changes affecting flood or flooding conditions, as soon as practicable, but not later than six months after the date such information becomes available, the Floodplain Administrator shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and flood plain management requirements will be based upon current data. 2. The flood carrying capacity within an altered or relocated portion of any watercourse shall be maintained. E. Floodplain Development Permits A floodplain development permit is required for all development in the FO district pursuant to the requirements of F. Prohibited and Allowable Development 1. General (a) No land shall be developed and no structure shall be located, relocated, constructed, reconstructed, enlarged or structurally altered in the -FO district except in full compliance with the terms and provisions of this section and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this section. (b) In all areas covered by this section, which shall include all property lying in the -FO district and zoned in any of the zoning classifications under this Chapter, no uses, activities or development shall be permitted except in compliance with the following restrictions and such other reasonable safeguards and regulations as the Floodplain Administrator may impose for the promotion and maintenance of the general welfare, health and commerce of the inhabitants of the city, and in accordance with good zoning practices; and, in addition, no such development shall be permitted in such areas except upon written approval of compliance by the Floodplain Administrator in accordance with the restrictions, safeguards and regulations described in this section, which shall be given precedence over any other provision of this Chapter which may appear in conflict with this section. 2. Prohibited Uses The following uses shall be prohibited in the -FO district: (a) Solid waste, trash hauling, landfills, dumps, junkyards, storage tanks, hazardous materials storage, outdoor storage of vehicles and/or materials; (b) The filling of jurisdictional wetlands; (c) Damming or relocation of any watercourse that will result in any downstream increase in flood levels during the base flood; and (d) The construction or storage of any object subject to flotation or movement during flooding. City of Waynesboro, Virginia 3-13

56 3.3 Overlay Districts Chapter 98. Article 3. Planned and Overlay Zoning Districts Floodplain Overlay (-FO) 3. Permitted Uses In the -FO district the following uses and activities are permitted, provided that they are in compliance with the provisions of the underlying district and provided that they do not require structures, fill or storage of materials and equipment: (a) Agricultural uses, such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. (b) Public and private recreational uses and activities, such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, horseback riding and hiking trails, wildlife and nature preserves, game farms, fish hatcheries, athletic playing fields, and fishing areas. (c) Accessory residential uses, such as yard areas, gardens, play areas, and pervious loading areas. (d) Accessory industrial and commercial uses, such as yard areas, pervious parking and loading areas, airport landing strips, etc. 4. Fill In any development where filling has been completed in order to make a building lot, the developer shall seek and have approved a letter of Federal insurance rate map amendment through the Federal Emergency Management Agency. 5. Approval Conditions No zoning approval or occupancy permit shall be issued under this section for any allowable development in the -FO district except on the following conditions: (a) All new construction and substantial improvement of structures shall have the lowest floor, including basement, elevated at least one foot above the design flood elevation; or be designed, together with attendant utility and sanitary facilities, so that below the design flood elevation the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. (b) No recreational vehicles may be placed on sites except for non-residential use and then shall either be on the site for fewer than 180 consecutive days, or be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect-type utilities and security devices, and has no permanently attached additions. (c) Electrical control panels in permitted structures shall be mounted above the design flood elevation. (d) All new or replacement water facilities shall be designed to minimize or eliminate infiltration of floodwaters into the system and be located and constructed to minimize or eliminate flood damages. (e) All new or replacement sanitary sewer facilities and private package sewage treatment plants, including all pumping stations and collector systems, shall be designed to minimize or eliminate infiltration of floodwaters into the systems and 3-14 City of Waynesboro, Virginia

57 Chapter 98. Article 3. Planned and Overlay Zoning Districts 3.3 Overlay Districts Floodplain Overlay (-FO) (f) (g) discharges from the systems into the floodwaters. In addition, they shall be located and constructed to minimize or eliminate flood damage and impairment. New development shall be reviewed to assure that it will be reasonably safe from flooding, and submittals shall include base flood elevation data. If proposed new development is in the -FO district, proposals shall be reviewed to assure: (1) They are consistent with the need to minimize flood damage; (2) Public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; (3) Adequate drainage is provided to reduce exposure to potential flood hazards; and (4) New lots that may be prone to flood hazard are not created. No new construction, substantial improvements, or other development (including but not limited to fill) shall be permitted within zone AE (base flood elevation as determined and specified on map) on the community's FIRM (flood insurance rate map), unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. (h) Within any floodway area, no encroachments, including, but not limited to fill, new construction, substantial improvements or other development shall be permitted unless the applicant demonstrates, through hydrologic and hydraulic analyses, and in accordance with standard engineering practice, that the proposed encroachment would result in any increase in the 100-year flood elevation. (i) (j) Where floodproofing is utilized for a particular structure in accordance with this section a qualified engineer or architect shall certify that the floodproofing methods are adequate to withstand the flood depths, pressures, velocities, impact, and uplift forces and other factors associated with the base flood, and a record of such certificates indicating the specific elevation in relation to mean sea level, to which such structures are floodproofed, shall be maintained by the Building Official. Industrialized buildings/modular structures that are placed or substantially improved on sites shall be elevated on a permanent foundation such that the lowest floor of the structure is elevated to or above the design flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. (k) Permitted structures shall be constructed and placed on the building site so as to minimize obstruction to the flow of flooding waters. Permitted structures shall not be constructed in the floodway. (l) Permitted structures shall be anchored to prevent flotation, collapse and lateral movement which may result in damage or restriction of the flow of floodwaters. (m) The developer shall demonstrate to the City that through appropriate methods as approved or otherwise mandated by the Floodplain Administrator that the flood- City of Waynesboro, Virginia 3-15

58 3.3 Overlay Districts Chapter 98. Article 3. Planned and Overlay Zoning Districts Floodplain Overlay (-FO) carrying capacity within the altered or relocated portion of any watercourse is maintained. (n) All storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. The systems shall ensure drainage away from buildings and onsite waste disposal sites. The City may require a primarily underground system to accommodate frequent floods and a secondary surface system to accommodate larger, less frequent floods. Drainage plans shall be consistent with local and regional drainage plans. The facilities shall be designed to prevent the discharge of excess runoff onto adjacent properties. (o) All utilities, such as gas lines, electrical and telephone systems being placed in floodprone areas should be located, elevated, where possible, and constructed to minimize the chance of impairment during a flooding occurrence. (p) Streets and sidewalks should be designed to minimize their potential for increasing and aggravating the levels of flood flow. Drainage openings shall be required to sufficiently discharge flood flows without unduly increasing flood elevations. (q) Such development shall be undertaken only in strict compliance with the provisions of this section and with all other applicable state and local codes and ordinances, such as the Building Code and Appendix G, Flood Resistant Construction, as amended or as henceforth may be amended at any future time. Prior to the issuance of any building permit, the City shall require all applications to include compliance with all applicable State and Federal laws, codes and regulations. Under no circumstances shall any use, activity and/or development adversely affect the capacity of the channels or floodway of any watercourse, drainage ditch, or any other drainage facility or system. (r) (s) Foundation vents shall have a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above finished grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. Manufactured homes that are placed or substantially improved within zone AE on the community's FIRM on sites (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated so that: (1) The lowest floor of the manufactured home is elevated no lower than the design flood elevation; or the manufactured home chassis is supported by reinforced piers or other foundation elements of at least an equivalent strength, of no less than 36 inches in height above the grade; and The manufactured home must be securely anchored to the adequately anchored foundation system to resist flotation, collapse and lateral movement. (Ord. No , 6/8/12) 3-16 City of Waynesboro, Virginia

59 Chapter 98. Article 3. Planned and Overlay Zoning Districts 3.3 Overlay Districts General Standards General Standards The following provisions shall apply to all development in the FO district: A. New construction and substantial improvements shall be according to the VA USBC, and anchored to prevent flotation, collapse or lateral movement of the structure. B. Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state anchoring requirements for resisting wind forces. C. New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. D. New construction or substantial improvements shall be constructed by methods and practices that minimize flood damage. E. Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. F. New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. G. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. H. On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding Specific Standards In all special flood hazard areas where base flood elevations have been provided in the Flood Insurance Study or generated according G, the following provisions shall apply: A. Residential Construction New construction or substantial improvement of any residential structure (including manufactured homes) shall have the lowest floor, including basement, elevated to or above the base flood elevation (recommend > one foot freeboard). B. Non-Residential Construction New construction or substantial improvement of any commercial, industrial, or nonresidential building (or manufactured home) shall have the lowest floor, including basement, elevated to or above the base flood elevation (recommend > one foot freeboard). Buildings located in all A1-30, AE, and AH zones may be flood-proofed in lieu of being elevated provided that all areas of the building components below the elevation corresponding to the BFE plus one foot are water tight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification, including the specific elevation (in relation to mean sea level) to which such structures are floodproofed, shall be maintained by the Zoning Administrator as required by D. City of Waynesboro, Virginia 3-17

60 3.3 Overlay Districts Chapter 98. Article 3. Planned and Overlay Zoning Districts Specific Standards C. Elevated Buildings Fully enclosed areas, of new construction or substantially improved structures, which are below the regulatory flood protection elevation shall: 1. Not be designed or used for human habitation, but shall only be used for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment (standard exterior door), or entry to the living area (stairway or elevator). 2. Be constructed entirely of flood resistant materials below the regulatory flood protection elevation; 3. Include, in zones A, AO, AE, and A1-30, measures to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a professional engineer or architect or meet the following minimum design criteria: (a) Provide a minimum of two openings on different sides of each enclosed area subject to flooding. (b) The total net area of all openings must be at least one square inch for each square foot of enclosed area subject to flooding. (c) If a building has more than one enclosed area, each area must have openings to allow floodwaters to automatically enter and exit. (d) The bottom of all required openings shall be no higher than one foot above the adjacent grade. (e) Openings may be equipped with screens, louvers, or other opening coverings or devices, provided they permit the automatic flow of floodwaters in both directions. 4. Foundation enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and, therefore, do not require openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires openings as outlined above. D. Standards for Manufactured Homes, Mobile Homes and Recreational Vehicles 1. All manufactured homes or mobile homes placed, or substantially improved, on individual lots or parcels, in expansions to existing manufactured or mobile home parks or subdivisions, in a new manufactured or mobile home park or subdivision or in an existing manufactured or mobile home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood, must meet all the requirements for new construction, including the elevation and anchoring requirements in A and B, and A. 2. All recreational vehicles placed on sites must either (a) Be on the site for fewer than 180 consecutive days; 3-18 City of Waynesboro, Virginia

61 Chapter 98. Article 3. Planned and Overlay Zoning Districts 3.3 Overlay Districts Specific Standards (b) Be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions); or, (c) Meet all the requirements for manufactured or mobile homes in and this subsection D. E. Standards for the Floodway District The following provisions shall apply within the Floodway District: 1. Encroachments Encroachments, including fill, new construction, substantial improvements and other developments are prohibited unless certification such as hydrologic and hydraulic analyses (with supporting technical data) is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently-accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the Floodplain Administrator. Development activities which increase the water surface elevation of the base flood may be allowed, provided that the {developer or applicant} first applies with the City of Waynesboro s endorsement for a conditional Flood Insurance Rate Map and floodway revision, and receives the approval of the Federal Emergency Management Agency. 2. If E.1 is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of The placement of manufactured or mobile homes is prohibited, except in an existing manufactured or mobile homes park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring, elevation, and encroachment standards are met. F. Standards for the Special Floodplain District The following provisions shall apply within the special floodplain district: 1. Until a regulatory floodway is designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within the areas of special flood hazard, designated as zones A1-30 and AE on the Flood Insurance Rate Map, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the City of Waynesboro. 2. Development activities in zones Al-30, AE, and AH, on the City of Waynesboro s Flood Insurance Rate Map which increase the water surface elevation of the base flood by more than one foot may be allowed, provided that the {developer or applicant} first applies with the City of Waynesboro s endorsement for a conditional Flood Insurance Rate Map revision, and receives the approval of the Federal Emergency Management Agency. City of Waynesboro, Virginia 3-19

62 3.3 Overlay Districts Chapter 98. Article 3. Planned and Overlay Zoning Districts Specific Standards G. Standards for Approximated Floodplain The following provisions shall apply with the Approximate Floodplain District: 1. The approximated floodplain district shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where a 100-year floodplain boundary has been approximated. Such areas are shown as zone A on the maps accompanying the Flood Insurance Study. For these areas, the 100-year flood elevations and floodway information from federal, state, and other acceptable sources shall be used, when available. Where the specific 100-year flood elevation cannot be determined for this area using other sources of data, such as the U. S. Army Corps of Engineers Floodplain Information Reports, U. S. Geological Survey Flood-Prone Quadrangles, etc., then the applicant for the proposed use, development and/or activity shall determine this elevation. For development proposed in the approximate floodplain the applicant must use technical methods that correctly reflect currently accepted technical concepts, such as point on boundary, high water marks, or hydrologic and hydraulic analyses. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the Floodplain Administrator. 2. The Floodplain Administrator reserves the right to require hydrologic and hydraulic analyses for any development. 3. When such base flood elevation data is utilized, the lowest floor shall be elevated to or above the base flood elevation (recommend > one foot freeboard). During the permitting process, the Floodplain Administrator shall obtain: (a) the elevation of the lowest floor (including the basement) of all new and substantially improved structures; and, (b) the elevation (in relation to mean sea level) to which the structure has been floodproofed if the structure has been flood-proofed in accordance with the requirements of this article. H. Standards for the Shallow Flooding District The following provisions shall apply within the shallow flooding district: 1. All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated to or above the flood depth specified on the Flood Insurance Rate Map, above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM. If no flood depth number is specified, the lowest floor, including basement, shall be elevated no less than two feet (recommend: one foot freeboard) above the highest adjacent grade. When a freeboard is included in the height of a structure, the flood insurance premiums will be significantly cheaper. 2. All new construction and substantial improvements of non-residential structures shall (a) Have the lowest floor, including basement, elevated to or above the flood depth specified on the Flood Insurance Rate Map, above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM. If no flood depth number is specified, the lowest floor, including basement, shall be elevated at least two feet (recommend one foot freeboard above the flood depth level) above the highest adjacent grade; or 3-20 City of Waynesboro, Virginia

63 Chapter 98. Article 3. Planned and Overlay Zoning Districts 3.3 Overlay Districts Specific Standards (b) Be completely flood-proofed to the specified flood level if the structure has been flood-proofed in accordance with the requirements of this article, so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. 3. Adequate drainage paths around structures on slopes shall be provided to guide floodwaters around and away from proposed structures. I. Standards for Subdivision Proposals 1. All subdivision proposals shall be consistent with the need to minimize flood damage; 2. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage; 3. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards, and 4. Base flood elevation data shall be provided for subdivision proposals and other proposed development proposals (including manufactured home parks and subdivisions) that exceed 50 lots or five acres, whichever is the lesser. J. Construction on Land Lying Partially within District Nothing in this section shall prohibit any use or construction on a parcel of land lying partly in the -FO district and partly outside such -FO district, if such use or construction is confined to the portion of such parcel of land lying outside the -FO district and is otherwise in accordance with this section and other relevant sections of this Chapter. The Building Official may issue a building permit for such use or construction outside the -FO district on the written representation of the applicant satisfactory to the Building Official that the use or construction will in fact be outside the -FO district. K. Existing Buildings and Structures in Floodplain Areas A building or structure which lawfully existed before the enactment of these provisions, but which is not in conformity with the provisions of this section, may be continued subject to the condition that substantial damage to or improvement of any building or structure shall require the entire structure to be brought into full compliance with the provisions of this section. L. Other Applicable Provisions of This Chapter In addition to the provisions of this section relating to the -FO district, all other provisions of this Chapter are applicable except as herein otherwise modified. M. Administrative Appeal An appeal from any decision by the Floodplain Administrator shall be made within 30 days of the final decision in accordance with 7.15, Administrative appeal. City of Waynesboro, Virginia 3-21

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65 Article 4. Use Standards 4.1. COMPLEXES Defined General Uses Intensity Required Yards (Setbacks) Building Separation Building Design RESIDENTIAL USE STANDARDS Corner Lot Duplexes Multiplexes Multifamily Buildings Zero Lot Line Houses Townhouses Upper-Story Residential Manufactured Homes Manufactured Home Parks or Subdivisions Boarding or Rooming Houses Group Homes/Other (8 or Fewer) Group Homes/Seniors PUBLIC AND CIVIC USE STANDARDS Civic Clubs or Community Centers Child Care Centers Golf Courses or Clubs Libraries or Museums Parks or Playgrounds Religious Institution Schools, Elementary or Secondary Telecommunications Tower and Facilities Utility Office, Shops and Yards COMMERCIAL USE STANDARDS Adult Uses Animal Care Facilities and Services Art Studios or Galleries Bed and Breakfasts Coffee Shops Inns Mini-Warehouse Facilities Restaurants, Limited Restaurants with Drive-Through Vehicles Sales and Service INDUSTRIAL USE STANDARDS Vehicle or Equipment Storage Yards Wrecking or Salvage Yards Micro-brewery ACCESSORY BUILDINGS AND USE STANDARDS General Accessory Buildings Residential Accessory Structures and Uses Nonresidential Accessory Structures and Uses City of Waynesboro, Virginia 4-1

66 4.1 Complexes Chapter 98. Article 4. Use Standards Defined Accessory Apartments Amateur Radio and Receive-Only Antennas Car Washes Caretaker s Residences Drive-Through Facilities Fences and Walls Home Occupations Loading Areas Religious Institutions Accessory Uses Small Wind Energy Conversion Systems TEMPORARY USE STANDARDS Purpose and Intent Permitted Temporary Uses General Standards Concrete and/or Asphalt Products, Temporary Construction Offices, Temporary Outdoor Events, Temporary Peddlers, Temporary Residential Sales Office and Model Homes, Temporary Residence, Temporary Storage Pods, Temporary (Ord. No , 10/5/17) 4.1. COMPLEXES Nonresidential, two-family houses, multiplexes, townhouse and multifamily building complexes may be established on a single unified parcel, provided that the following requirements are met Defined A complex is a group of two or more office, industrial, commercial, two-family houses, multiplexes, townhouses and multifamily buildings and/or other operations on an unsubdivided parcel, operating under one name or presenting other elements of a unified image of identity to the public General Complexes shall comply with all applicable development standards as set forth in Article 5, Site Development Standards, all other provisions in this Chapter and all other applicable laws Uses Uses within complexes shall be limited to those permitted within the zoning district in which the development is located (See also 2.4, Use Table) Intensity The overall intensity of the land use shall be no higher, and the standard of development no lower, than that permitted in the district in which the project is located Required Yards (Setbacks) The distance of every building from every property line shall comply with the respective yard front, rear and side requirements of the district in which the development is located as specified in Article 4-2 City of Waynesboro, Virginia

67 Chapter 98. Article 4. Use Standards 4.2 Residential Use Standards Building Separation 2. In no case, however, shall any portion of a building be located closer to a street than the required minimum front yard setback of the zoning district Building Separation Minimum spacing between any two buildings shall be 20 feet, unless a greater separation is required by the Fire Code Building Design Design for buildings within complexes shall exhibit a unity of design through the use of similar elements such as rooflines, materials, window arrangement, sign location and details RESIDENTIAL USE STANDARDS Corner Lot Duplexes (New, based in part on existing provisions from the RB-2, RB-3 and RB-4 districts) A. Each corner lot duplex must have a primary ground-floor building entrance that is clearly defined and highly visible on the front building façade or other building façade that faces a public street or right-of-way other than an alley. B. No more than one entrance may be permitted per building façade. The entrance must be in the form of a porch or covered entry that is at least eight feet in width and six feet in depth. A patio-style door, such as sliding glass door, or a door that leads directly into a garage does not qualify as a primary entrance. C. Street-facing walls greater than 50 feet in length must be articulated with bays, projections or recesses at least ten feet in width that effectively break-up the mass of the building. D. Where a developed alley is provided, all vehicular access shall be taken from the alley. Commentary: Corner lot duplex is a design-improved duplex, a housing alternative to the multiplex (below) that is more compatible with the traditional single-family housing patterns than the typical, side-by-side duplex. Applicants willing to comply with the more restrictive design requirements for corner lot duplexes, as compared other duplex-type housing forms, can avoid public, Conditional Use Permit review. (See also for accessory apartment standards.) Multiplexes A. Each multiplex must consist of 3-5 dwelling units and each dwelling unit shall have a primary entrance denoted by a porch or covered entry that is at least eight feet in width and six feet in depth. B. Street-facing façades may not exceed 70 feet in width. C. Street-facing façades greater than 50 feet in length must be articulated with bays, projections, recesses or other design elements that effectively break-up the mass of the building. D. Outdoor (surface) parking areas shall not be located between the street and principal structures Multifamily Buildings A. Outdoor (surface) parking areas shall not be located between the street and principal structures. City of Waynesboro, Virginia 4-3

68 4.2 Residential Use Standards Chapter 98. Article 4. Use Standards Zero Lot Line Houses Zero Lot Line Houses Zero lot line houses (lot line house) must comply with the lot and building standards of the underlying general district, except as modified by the following standards: A. Lot line house developments must consist of at least three contiguous lots with frontage on the same street. B. Planning for all house locations for lot line house developments must be done at the same time. Because the exact location of each house is predetermined, greater flexibility in site planning is possible, while ensuring that neighborhood character is maintained. C. The side yard on one side of the lot containing a lot line house may be reduced to as little as zero. The zero or reduced yard side of a lot line house may not abut a street and may not abut a lot that is not part of the lot line house development. D. On the non-zero side, a yard must be provided equal to at least 2 times the minimum side yard requirement of the underlying district, as specified in 2.5 and 2.6. E. When the lot line house s exterior wall or eaves are set back less than two feet from the abutting side lot line, a perpetual maintenance easement at least five feet in width shall be provided on the lot abutting the zero lot line property line, which, with the exception of walls and/or fences, must be kept clear of structures. The easement must be shown on the plat and incorporated into each deed transferring title to the property. This provision is intended to ensure the ability to conduct maintenance on the lot line house. F. Windows, doors or other openings that allow for visibility into the side yard of the lot abutting the reduced or zero setback side of the lot line house are prohibited. Windows that do not allow visibility into the side yard of the lot abutting the zero or reduced setback side, such as clerestory windows or translucent windows, are allowed, subject to compliance with the Building Code Townhouses A. The first floor shall be located a minimum of 18 inches above finished grade. Commentary: An elevation change, even as minimal as 18 inches, provides a degree of privacy, so passing cars and pedestrians do not look directly into the windows and the occupants perspective is from above the street. B. Outdoor (surface) parking areas shall not be located between the street and principal structures. 4-4 City of Waynesboro, Virginia

69 Chapter 98. Article 4. Use Standards 4.2 Residential Use Standards Upper-Story Residential C. The exterior façades of all townhouse units shall be varied in material and design so that no more than five of any ten abutting units will have the same architectural appearance or front yard setback. D. No more than two of any ten abutting dwelling units having the same front yard setback. Varied street yard setbacks shall not be less than two feet offset from adjoining units as measured at the principal foundation line of each unit and no setback distance shall be less than the required minimum. Side yards are not required for interior townhouses, but street and rear yards shall be provided for all such dwellings and building separation requirements shall be maintained for all townhouse structures. (See also 4.1, Complexes) Upper-Story Residential Such uses shall adhere to all dimensional standards of the permitted nonresidential use Manufactured Homes A. General All manufactured homes shall: 1. Be on a full foundation or completely skirted with materials approved by the Building Official; 2. Be set up and tied down in accordance with the standards set by Virginia Uniform Statewide Building Code regulations; and 3. Wheels, axles, tongue, towing apparatus and transporting lights, if any, shall be removed prior to final installation of the unit. B. HPO District Manufactured homes are not allowed in the HPO district. (See also 3.3.3) City of Waynesboro, Virginia 4-5

70 4.2 Residential Use Standards Chapter 98. Article 4. Use Standards Manufactured Home Parks or Subdivisions Manufactured Home Parks or Subdivisions A. Applicability The standards of this section shall apply equally to all allowed uses in a manufactured home park or subdivision, including any nonconforming mobile homes. B. General Requirements 1. Minimum park or subdivision area: 5 acres 2. Maximum density: 6 homes and spaces or lots per acre 3. Minimum space or lot area: 4,500 square feet 4. Minimum space or lot width: 40 feet 5. Minimum space or lot depth: 100 feet 6. Minimum building separation: 15 feet, provided that the minimum separation may be reduced to ten feet between carports, porches and patios open on three sides and adjacent buildings. 7. Each manufactured home shall comply with the specific use requirements of A homeowner's association or similar entity shall be established for maintenance of common areas which are not maintained by the owner or developer. C. Allowed Uses Allowed uses shall include: 1. Manufactured homes and detached single-family dwellings; 2. Mobile homes lawfully installed prior to the effective date of this Chapter; and 3. Common facilities and uses accessory to dwelling units, including recreation facilities for the use of residents, park management offices, laundry facilities, tenant storage areas, parking areas, and garbage and trash disposal facilities. D. Site Plan Required 1. Each home in a manufactured home park shall be located on a manufactured home space designated on a site plan prepared in accordance with the requirements of 7.7, which shall be approved and filed as part of the approval of any new manufactured home park established after the effective date of this Chapter and prior to the enlargement of any existing manufactured home park. 2. The site, including manufactured home stands, structures and all site improvements, shall be laid out in relation to topography, the shape of the tract and the shape, size and position of structures, with consideration for usability of space, appearance and livability, and adjacent land uses. Commentary: A clustered park-type arrangement with grouping or clustering of manufactured home units and which conforms to the terrain and natural landscape features is preferable to a rigid pattern. 3. All manufactured homes shall be placed on a designated manufactured home lot and shall not obstruct the use of, or project over, any driveway, walkway or public utility easement. 4-6 City of Waynesboro, Virginia

71 Chapter 98. Article 4. Use Standards 4.3 Public and Civic Use Standards Boarding or Rooming Houses E. Streets and Access Unless otherwise permitted by the City Council, public streets internal to the development shall be provided in accordance with subdivision regulations (See also City Code, Chapter 74). No manufactured home site shall be designated so as to permit direct access to a street outside the boundaries of the manufactured home park or subdivision. F. Project Boundary Buffer A Class C buffer shall be provided along project boundaries in accordance with B.4. G. Signs and Numbering of Spaces 1. Each manufactured home park or subdivision shall have a sign located adjacent to a public street which includes the name of the park and the street address. 2. A maximum of two manufactured home park or subdivision identification signs may be utilized, with a maximum sign face of 40 square feet per face. Sign illumination shall be limited to external, non-flashing lighting. Maximum height of such signs shall not exceed 12 feet. 3. Each manufactured home space or lot shall be identified with four-inch reflective numbers on contrasting background and/or letters set at least 40 inches above ground level and clearly visible from the adjacent roadway Boarding or Rooming Houses A. Boarding or rooming houses shall have a full-time resident manager or owner on the site. B. Occupancy shall be for a maximum of 8 persons, in addition to the resident manager or owner and family; and minimum occupancy period shall be for 14 days. C. Such use shall not be deemed a home occupation. D. Individual guest rooms may not contain kitchens. E. All parking will be provided on the side or rear of the principal structure Group Homes/Other (8 or Fewer) Group homes housing persons shall comply with the following standards. A. Occupancy shall be limited to no more than eight mentally ill, intellectually disabled, or developmentally disabled persons, with one or more resident counselors or other staff persons. For the purposes of this subsection, mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in VA Code Ann B. Such facilities shall be licensed by the Virginia Department of Behavioral Health and Developmental Services Group Homes/Seniors Occupancy of group homes housing seniors shall be limited to no more than three persons over the age of 61, living with not more than one caretaker PUBLIC AND CIVIC USE STANDARDS Civic Clubs or Community Centers In residential districts, all structures shall be located not less than 25 feet from side or rear lot lines. City of Waynesboro, Virginia 4-7

72 4.3 Public and Civic Use Standards Chapter 98. Article 4. Use Standards Child Care Centers Child Care Centers Child care centers shall be State licensed or employee sponsored Golf Courses or Clubs In residential districts, all structures shall be located not less than 25 feet from side or rear lot lines Libraries or Museums In residential districts, all structures shall be located not less than 25 feet from side or rear lot lines Parks or Playgrounds In residential districts, all structures shall be located not less than 25 feet from side or rear lot lines Religious Institution In or adjacent to residential districts, religious institutions shall comply with the following requirements. (See also for requirements related to religious institutions accessory uses.) A. All structures shall be located not less than 25 feet from side or rear lot lines. B. Religious institutions in or adjacent to any residential district with seating capacity for more than 300 persons or more than 3,000 square feet of accessory uses shall have the principal vehicular entrance and exit on an arterial or collector street within 150 feet of its intersection with an arterial street. C. Buffering in excess of that required by 5.4 may be required through the review and approval of a major or minor site plan to address the development intensity of more than 3,000 square feet of accessory uses. D. Accessory uses shall require additional lot area to comply with the dimensional standards applicable to the use and the general use district Schools, Elementary or Secondary In residential districts, all structures shall be located not less than 25 feet from side or rear lot lines Telecommunications Tower and Facilities A. Purpose The purpose of this section is to: B. Applicability 1. Encourage provision of adequate telecommunications facilities in nonresidential areas where the adverse impact on the city is minimal; 2. Encourage co-location and use of telecommunications sites and facilities, and minimize the total number of telecommunications sites; and 3. Minimize the adverse visual impact of such towers and facilities. 1. General The requirements of this section govern the siting of telecommunications towers and facilities, except as specifically excluded herein. 2. Existing Structures and Towers (a) The placement of a telecommunication antenna on alternative telecommunications structures such as roofs, walls, water tanks, and existing 4-8 City of Waynesboro, Virginia

73 Chapter 98. Article 4. Use Standards 4.3 Public and Civic Use Standards Telecommunications Tower and Facilities towers may be approved by the Zoning Administrator (without a CUP) provided the antenna: (1) Does not add more than 20 feet to the existing structure; and (2) Meets all applicable standards of local, State and Federal Building Codes and this Chapter. (b) Applications for such use must include: (c) (1) A final site plan for approval; and (2) A report prepared by a qualified engineer indicating the existing structure's suitability to accept the antenna and the proposed method of affixing the antenna to the structure. The placement of additional buildings or supporting equipment must comply with the standards of this and other applicable City ordinances or regulations. 3. Federal and State Law In case of conflict, Federal or State law, such laws shall supersede the requirements of this section. C. Location and Construction The requirements for the location and construction of all new telecommunications facilities regulated by this Chapter shall include the following: 1. New telecommunications facility site shall not be permitted unless the applicant demonstrates to the reasonable satisfaction of the City that existing telecommunications facilities or alternative telecommunications structures cannot accommodate the applicant's proposed antenna. 2. Telecommunications towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the Federal Aviation Administration (FAA), be painted so as to reduce visual obtrusiveness. Dish antennas will be of a neutral, nonreflective color with no logos. 3. At the telecommunications facility, the design of the buildings and related structures used in conjunction with telecommunications facilities shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the telecommunications facilities with the natural setting and the built environment. 4. If an antenna is installed on an alternative telecommunications structure, the antenna and supporting electrical and mechanical equipment must be of a color that is identical to, or closely compatible with, the color of the alternative telecommunications structure so as to make the antenna and related equipment as visually unobtrusive as possible. 5. A telecommunications facility or telecommunications tower shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the City may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. 6. No advertising of any type may be placed on the telecommunications facility, or other structures associated with the telecommunications facility, except that a sign City of Waynesboro, Virginia 4-9

74 4.3 Public and Civic Use Standards Chapter 98. Article 4. Use Standards Telecommunications Tower and Facilities D. Structural shall be required displaying the name, registration number and emergency contact number of the tower owner. The sign shall not exceed four square feet in size and shall be located on the security fence or other approved location. 1. Prior to the use or extension of a telecommunications tower, the owner shall have obtained approval of the structural integrity by a qualified engineer and a copy of such report shall be filed with the Zoning Administrator. 2. To ensure the structural integrity of a telecommunications facility or telecommunications tower, the owner or operator of a telecommunications facility or telecommunications tower shall ensure that it is maintained in compliance with standards contained in applicable Federal, State and local Building Codes and regulations. E. Required Yards (Setbacks) and Separation The following setbacks and separation requirements shall apply to all telecommunications facilities except alternative telecommunications structures: 1. Telecommunications towers shall be setback a minimum of 110 percent of the height of the telecommunications tower from any off-site structures used for human habitation, provided this provision shall not apply to monopole towers certified by a structural engineer. Such monopole towers shall comply with the setbacks of the underlying zoning district for principal structures. 2. Security fencing, equipment and accessory facilities must comply with setback requirements applicable to primary structures. F. Security Telecommunications towers and facilities shall be enclosed by security fencing not less than six feet in height and equipped with an appropriate anti-climbing device, unless otherwise approved by the City. G. Perimeter Buffer A Class A buffer shall be provided around the perimeter of telecommunications towers and facilities in accordance with A.2(a), unless otherwise approved by the City. H. Co-Location 1. The following requirements shall pertain to the co-location of an antenna that will be placed on a telecommunications facility or telecommunications tower that was sited under the provisions of this Chapter and will not increase the height of the telecommunications tower: (a) Inventory and contour map of existing facilities within the city and at least five miles from the corporate limits, including specific information about the location, height, coverage and capacity zones, and design of each telecommunications facility, telecommunications tower and antenna; (b) Calculations and necessary documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements; (c) Radio frequency coverage; (d) Height of telecommunications tower with proposed antenna; and 4-10 City of Waynesboro, Virginia

75 Chapter 98. Article 4. Use Standards 4.3 Public and Civic Use Standards Telecommunications Tower and Facilities (e) Other information deemed by the City to be necessary to assess compliance with this Chapter. 2. The City may share such information with other applicants applying for approvals or Conditional Use Permits under this Chapter or other organizations seeking to locate telecommunications towers within the city; provided, however, that the City is not, by sharing such information, in any way representing or warranting that such sites are available or suitable. I. Local Government Access Owners of towers shall provide the city with co-location opportunities as a community benefit to improve radio communication for City departments and emergency services provided it does not conflict with the co-location requirements of this Chapter. J. Federal Requirements All telecommunications towers and antennas must comply with or exceed current standards and regulations of the FAA, the FCC and any other agency of the Federal government with the authority to regulate such facilities. If such standards and regulations are changed, the owners of telecommunications towers and antennas governed by this Chapter shall bring such towers and antennas into compliance with such revised standards as required. Failure to bring telecommunications towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the telecommunications towers and antennas at the owner's expense. K. Removal of Defective or Abandoned Telecommunications Facilities 1. Any antenna, telecommunications tower, or telecommunications facility found to be defective or unsafe shall be repaired to comply with Federal, State and local safety standards, or removed within six months at the owner's expense. Any antenna, telecommunications tower or facility that is not operated for a continuous period of 24 months shall be considered abandoned. 2. Where removal of telecommunications antenna, tower or facility is required, the owner shall remove such telecommunications antenna, tower or facility within 90 days of receipt of notice from the City notifying the owner of such removal requirement. Removal includes the removal of the antennas, telecommunications towers, and telecommunications facilities, fence footers, underground cables and support buildings. The buildings and foundation may remain (with land owner's approval). Where there are two or more users of a single telecommunications facility or telecommunications tower, this provision shall not become effective until all users cease using the antennas and telecommunications tower. 3. If the antenna, telecommunications tower and telecommunications facility are not removed as herein required, the City may either seek court enforcement of such removal or the City may, at its discretion, remove the antenna, telecommunications tower and facility at the expense of the owner. L. Supplemental Information The following supplemental information shall be required before the City will consider an application for a Conditional Use Permit for a telecommunications facility, telecommunications tower or for siting an antenna on an alternative telecommunications structure: City of Waynesboro, Virginia 4-11

76 4.3 Public and Civic Use Standards Chapter 98. Article 4. Use Standards Utility Office, Shops and Yards 1. Inventory of Applicant's Existing Sites Each applicant for a telecommunications facility, telecommunications tower or antenna shall provide the Zoning Administrator with an inventory of its existing facilities that are within the city or within five miles of the border thereof, including specific information about the location, height and design of each tower. The City may share such information with other applicants applying for approvals or Conditional Use Permits under this Chapter or other organizations seeking to locate antennas within the city, provided however, that the City is not, by sharing such information, in any way representing or warranting that such sites are available or suitable. 2. Site Plan A scaled site plan including site topography and topography within a 400-foot radius of the proposed tower, a scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements including radio frequency coverage, tower height, setbacks, parking, security fencing, landscaping, proposed ingress and egress, adjacent uses including proximity to residential uses and residential district boundaries. 3. Co-Location The applicant shall encourage co-location by providing the following information: An engineering report, certifying that the proposed telecommunications tower is compatible for a minimum of three similar users including the primary user; information demonstrating that antennas, telecommunications towers, and telecommunications facilities for possible co-locator antennas are no higher in elevation than necessary; co-location policy which outlines policy regarding company's willingness to co-locate on other company's telecommunications towers and company's willingness to accept other users on its telecommunications towers. 4. Design Standards (a) Applicant shall indicate design of the telecommunications facility and telecommunications tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusion. (b) Applicant shall provide actual photographs from the site showing adjoining properties and other relevant views and simulated photographic images of the proposed telecommunications tower from the perspective of adjoining properties. 5. Other The City may request other information deemed necessary to assess compliance with this Chapter Utility Office, Shops and Yards Outdoor storage and equipment shall be screened to a height of eight feet from view off-site in accordance with the requirements of B City of Waynesboro, Virginia

77 Chapter 98. Article 4. Use Standards 4.4. COMMERCIAL USE STANDARDS 4.4 Commercial Use Standards Adult Uses Adult Uses A. Purpose The standards of this section are intended to address potentially negative, secondary effects of adult uses on the community. B. Establishment The following activities shall each constitute the "establishment" of an adult use, as referred to herein: C. Location 1. The initial opening of an adult use (including, without limitation, the conversion, in whole or part, of an existing business to any adult use); 2. The relocation of an existing adult use; or 3. An increase in the floor area of an existing adult use, by 25 percent or more. 1. No adult use may be established within 1,000 feet of a residential zoning district or property used as a residence, school, educational institution, religious institution, public park, playground, playfield or child care center, regardless of zoning. 2. No adult use may be established within 1,000 feet of any other such adult use in any zoning district. 3. All distances specified in this section shall be measured in a straight line from the property line of the adult use to the nearest regulated use. The distance between an adult use and a residential zoning district shall be measured from the property line of the use to the nearest point of the boundary line of the residential zoning district Animal Care Facilities and Services Animal care facilities, including veterinary clinics or animal hospitals and kennels, shall comply with the standards of this section. A. All activities shall be conducted indoors except as permitted herein. B. Waste handling and ventilation shall be designed to substantially control odors discernable off-site. C. All kennels with outdoor runs shall be subject to the following setback requirements: 1. Residential zoning boundaries: 150 feet 2. Residential uses: 300 feet For the purpose of this section, measurement of the setback requirements shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of an existing dwelling unit or residential district boundary to the nearest portion of the kennel. D. Outdoor exercise areas, runs, or yards, when provided for training or exercising, shall be restricted to use during daylight hours. E. Animal care facilities and services with outdoor runs and overnight boarding shall not be allowed in the C-B (Central Business) District. (Ord. No , 6/6/14) City of Waynesboro, Virginia 4-13

78 4.4 Commercial Use Standards Chapter 98. Article 4. Use Standards Art Studios or Galleries Art Studios or Galleries In residential districts, all structures shall be located not less than 25 feet from side or rear lot lines Bed and Breakfasts A. Bed and breakfast establishments shall be operated as an incidental use to the primary use of the structure as an owner-occupied residence. B. Overnight accommodations shall be provided with five or fewer guest rooms. C. Accessory food service shall not be available to persons other than overnight guests; provided, however, wedding parties and similar larger groups may be served by temporary use permit approved pursuant to 7.8. Commentary: The above food service limitation should not be interpreted as to deny a restaurant type allowed by any underling nonresidential district Coffee Shops Coffee shops shall: A. Have less than 2,000 square feet of floor area and shall not have drive-through facilities; and B. Not have a commercial kitchen, as defined by a commercial hood Inns A. Inns shall have a full time resident manager or owner on the site. B. Overnight accommodations shall be provided with six or more, but less than 20 guest bedrooms. C. An inn shall only be permitted if it is adjacent to or has direct access to an arterial or collector street, as defined Article 10. D. Accessory food service shall not be available to persons other than overnight guests; provided, however, wedding parties and similar larger groups may be served by temporary use permit approved pursuant to 7.8. Commentary: The above food service limitation should not be interpreted as to deny a restaurant type allowed by any underling nonresidential district Mini-Warehouse Facilities A. Individual storage units shall have a maximum of 300 square feet. B. Except for the purposes of loading and unloading, there shall be no incidental parking or storage of trucks and/or moving vans. Loading docks shall not be permitted. C. Storage units shall only be used for storage of household goods and personal effects as defined in VA Code Ann ; tangible personal property employed in a trade or business as defined in VA Code Ann A.17 and inventory of stock on hand as that term is used in VA Code Ann A; and motor vehicles or boats. D. No office, retail or wholesale use of the storage units shall be permitted. E. Under no circumstances may radioactive materials, explosives and flammable or hazardous materials be stored therein City of Waynesboro, Virginia

79 Chapter 98. Article 4. Use Standards 4.5 Industrial Use Standards Restaurants, Limited F. One accessory residential unit may be permitted solely for the use of a caretaker or watchman. G. All storage shall be within completely enclosed buildings, except as designated on an approved site plan. H. Any outdoor storage areas shall comply with the requirements of Such areas shall not be used for the storage or display of inoperable vehicles Restaurants, Limited Limited restaurants shall have less than 2,500 square feet of floor area and shall not have accessory drive-through facilities or an accessory bar Restaurants with Drive-Through A. Restaurants with drive-through shall comply with the requirements of B. Restaurants with drive-through in the C-B district may be allowed only by Conditional Use Permit approved in accordance with the requirements of Vehicles Sales and Service All service bay doors (openings) shall face away from adjacent residential uses and from corridors designated in B. (Ord. No , 10/5/17) 4.5. INDUSTRIAL USE STANDARDS Vehicle or Equipment Storage Yards Vehicle or equipment storage yards shall be conducted wholly within a non-combustible building or screened to a height of eight feet from view off-site in accordance with the requirements of Wrecking or Salvage Yards A. Wrecking or salvage yards shall comply with the requirements of 5.7, Outdoor storage and display. (See also 5.4.8) B. No wrecking or salvage yard shall be located within 300 feet of a residential district. Commentary: The Virginia Division of Motor Vehicles requires City approval in the form of a certificate of zoning compliance prior to the establishment of a wrecking or salvage yard, or similar operation Micro-brewery A. The facility may include other uses such as retail sales, tasting rooms, restaurants or outdoor recreational uses. In C-B, L-B, and H-B Districts, the facility must include at least one of the following components: retail, eating, drinking or tasting. B. All production, processing and distribution activities must be conducted within an enclosed building. C. Outside storage is allowed with appropriate fence screening and/or buffer planting areas in accordance to B. (Ord. No , 10/5/17) City of Waynesboro, Virginia 4-15

80 4.6 Accessory Buildings and Use Standards Chapter 98. Article 4. Use Standards General 4.6. ACCESSORY BUILDINGS AND USE STANDARDS General Accessory buildings and uses shall comply with all standards in the district for the principal use, except as expressly set forth below. A. Accessory buildings and uses shall be accessory and clearly incidental and subordinate to permitted principal uses. An accessory use shall only be allowed when a principal use exists (for permitted accessory uses associated with a principal see 10.2, Use Categories). B. Accessory buildings and uses shall be located on the same lot as the permitted use or building. C. Accessory buildings and uses shall not involve operations or buildings not in keeping with the character of the primary use or principal building served. D. Accessory buildings and uses shall not be of a nature likely to attract visitors in larger numbers than would normally be expected in association with the principal use, where applicable. E. An accessory use shall contribute to the comfort, convenience or necessity of occupants of the primary use served. F. An accessory use shall be located within the same district as the principal use. G. Tractor trailers and storage pods are prohibited for use as storage buildings or buildings, except as permitted on an active construction site or by temporary use permit. (See also 4.7) Accessory Buildings Accessory buildings shall comply with the dimensional standards for principal buildings (Article 2), except as specified below: A. Setbacks B. Height C. Floor Area 1. No accessory building shall be located closer than five feet to any building. 2. No accessory building shall extend in front of the front building line of the principal building. 3. No accessory building may extend within five feet of any rear or side (interior) property line. 1. The height of accessory buildings in residential districts shall not exceed 22 feet or the height of the principal building, whichever is less. 2. The height of accessory buildings in nonresidential districts shall not exceed the height of the principal building. 1. The maximum floor area of individual accessory buildings shall be 50 percent of the floor area of the principal building. 2. The combined floor area of all accessory buildings on a lot shall not exceed 60 percent of the floor area of the principal building. (See D for more information.) 4-16 City of Waynesboro, Virginia

81 Chapter 98. Article 4. Use Standards 4.6 Accessory Buildings and Use Standards Residential Accessory Structures and Uses Residential Accessory Structures and Uses Residential accessory structures and uses shall include, but not be limited to, the following: A. Accessory apartments, subject to the standards of 4.6.5; B. Amateur radio and receive-only antennas, subject to the standards of 4.6.6; C. Barbecue pits; D. Children's play areas and equipment, playhouses; E. Fences and walls, subject to the standards of ; F. Garages, carports and similar structures; G. Home occupations, subject to the standards of ; H. Patios, gazebos, etc.; I. Swimming pools, hot tubs and spas; J. Noncommercial greenhouses and plant nurseries, tool houses and garden sheds, garden work centers and similar accessory structures; K. Small wind energy conversion systems, subject to the standards of ; L. Utility service lines delivering electric, telephone, CATV and other utility services; and M. Other necessary and customary uses determined by the Zoning Administrator to be appropriate, incidental and subordinate to the principal use on the lot Nonresidential Accessory Structures and Uses Nonresidential accessory structures and uses shall include, but not be limited to, the following: A. Amateur radio and receive-only antennas, subject to the standards of 4.6.6; B. Car washes, subject to the standards of 4.6.7; C. Caretaker s residences, subject to the standards of 4.6.8; D. Child care centers; E. Drive-through facilities, subject to the standards of 4.6.9; F. Fences and walls, subject to the standards of ; G. Loading areas, subject to the standards of ; H. Refueling facilities for fleet vehicles that belong to a specific use; I. Religious institutions accessory uses, subject to the standards of ; J. Small wind energy conversion systems, subject to the standards of ; K. Utility service lines delivering electric, telephone, CATV and other utility services; and L. Other necessary and customary uses determined by the Zoning Administrator to be appropriate, incidental and subordinate to the principal use on the lot Accessory Apartments Accessory apartments may be permitted as accessory use to single-family detached dwellings, subject to the following requirements: City of Waynesboro, Virginia 4-17

82 4.6 Accessory Buildings and Use Standards Chapter 98. Article 4. Use Standards Accessory Apartments A. Purpose Accessory apartments are intended to provide additional housing options for the benefit and convenience of families and households; e.g., housing for the elderly, handicapped, boomerang adult children, care providers and personal guests of households. It is anticipated that each approved apartment will serve a variety of the above purposes as necessary over time and by doing so enhance the sense of community and social responsibility which all citizens share. B. General 1. The owner of the property shall occupy either the primary structure or the accessory apartment as his/her primary residence. 2. Maximum occupancy of accessory dwelling units shall be limited to two persons per bedroom. 3. Accessory apartments shall be built in an architectural style and of materials similar to the principal structure. 4. Accessory apartments shall not be sold separately, and shall not be rented to guests for periods of less than 30 consecutive days. 5. Accessory apartments shall not have a separate electrical meter. C. Attached Accessory Apartments 1. Minimum lot area required for attached apartment: 5,000 square feet. 2. Accessory apartments shall be attached to the principal dwelling and no new entrance or other exterior modifications shall be visible from the street to suggest the presence of the accessory apartment. 3. Maximum floor area of such apartments shall not exceed 400 square feet or one-half the size of the principal dwelling, whichever is less. D. Detached Accessory Apartments 1. Minimum lot area required for detached apartments: 10,000 square feet. 2. Detached accessory apartments may be separate structures or attached to another allowed accessory structure (e.g., a garage apartment). 3. Detached accessory apartments shall be subject to approval of a minor site plan pursuant to A landscaped buffer, increased setbacks or other measures may be required to mitigate the impact of such apartments on adjacent dwellings. 5. Maximum floor area of such apartments shall not exceed 600 square feet or one-half the size of the principal dwelling, whichever is less. 6. Manufactured homes may not be used as detached accessory apartments. 7. Such apartments shall not unreasonably interfere with the use and enjoyment, adjacent property City of Waynesboro, Virginia

83 Chapter 98. Article 4. Use Standards 4.6 Accessory Buildings and Use Standards Amateur Radio and Receive-Only Antennas E. Alternative Standards Accessory apartments not satisfying the above standards may be approved as a conditional use pursuant to Amateur Radio and Receive-Only Antennas A. Accessory amateur radio and receive-only antennas shall be under 75 feet in height; and B. Owned and operated by a Federally-licensed amateur radio operator, and used exclusively for noncommercial purposes; or used for receive-only purposes, including, but not limited to, television reception Car Washes Car washes shall be located and designed so that vehicular circulation shall not conflict with traffic movements in adjacent streets, service drives, driveways and/or parking areas. All service bay doors (openings) shall face away from adjacent residential uses and from corridors designated in B. (Ord. No , 10/5/17) Caretaker s Residences A. No more than one caretaker's residence shall be allowed on a lot unless otherwise expressly allowed by this Chapter. B. Caretaker's residences may be occupied exclusively by the caretaker and his/her immediate family. C. A caretaker's residence may contain a maximum of 1,000 square feet of gross floor area Drive-Through Facilities A. No drive-through facilities or windows shall be permitted on the side of a building adjacent to any residential district. B. Drive-through facilities in the L-B or C-B district may be approved only by Conditional Use Permit pursuant to 7.6. Such facilities are prohibited in the R-O district. C. Screening shall be provided in accordance with the requirements of A Fences and Walls Unless otherwise expressly stated, fences and walls shall comply with the following requirements: A. Residential Districts Maximum height of fences or walls in residential districts shall be as follows: 1. Front yard: 4 feet 2. Side and rear yards: 6 feet B. Nonresidential Districts Except as otherwise specified, maximum height of fences or walls in nonresidential districts shall be as follows: 1. Front Yard (a) H-B, L-I and H-I districts: 8 feet City of Waynesboro, Virginia 4-19

84 4.6 Accessory Buildings and Use Standards Chapter 98. Article 4. Use Standards Home Occupations (b) LB, C-B and R-O zoning districts: 4 feet 2. Rear Yard: (a) All nonresidential districts: 8 feet (Ord. No , 6/8/12) Home Occupations A. Type A Type A home occupations may be approved by the Zoning Administrator as a normal and customary accessory use. (See also 4.6.1) 1. Type A home occupations and all related activities shall be carried on wholly within the principal building or fully enclosed accessory building, and only by a resident of the household. 2. There shall be no advertising by sign or by media, or visible display or storage of materials on premises. 3. Type A home occupations shall not generate more traffic or noise than other uses permitted by right in the same district. B. Type B Type B home occupations may be approved as a conditional use pursuant to Type B home occupations and all related activities shall be carried on wholly within the principal building or fully enclosed accessory building by residents of the principal dwelling, plus up to two persons who are not residents of the principal dwelling. 2. Signage shall be limited to one non-illuminated wall or free-standing sign up to two square feet in area. 3. Type B home occupations shall not generate more traffic or noise than other zoning uses permitted by right or by conditional use in the same district. Commentary: The degree of variation from the residential character of the premises that will result from the home occupation shall be a key factor weighed by the City in granting the Conditional Use Permit required to operate a Type B home occupation. C. Prohibited Home Occupations The following uses are not permitted as home occupations. 1. Animal hospitals and kennels; 2. Any type of repair or assembly of vehicles or equipment with internal combustion engines (such as autos, motorcycles, scooters, snowmobiles, outboard marine engines, lawn mowers, chain saws, and other small engines) or of large appliances (such as washing machines, dryers, and refrigerators or any other work related to automobiles and their parts; 3. Bulk storage of flammable liquids; 4. Commercial nursery or truck farm; 5. Dispatch centers or other businesses where employees come to the site and are dispatched to other locations; 4-20 City of Waynesboro, Virginia

85 Chapter 98. Article 4. Use Standards 4.6 Accessory Buildings and Use Standards Loading Areas 6. Food handling, processing or packing, other than services that utilize standard home kitchen equipment; 7. Funeral homes and mortuaries; 8. Group instruction; 9. Material or equipment storage businesses; 10. Medical or dental clinics and labs; 11. Restaurant; 12. Retail-oriented uses (See also F); 13. Tow truck services; and 14. Vehicle or equipment rental Loading Areas All loading areas shall be off-street and shall comply with the requirements of Religious Institutions Accessory Uses A. Accessory Uses Permitted By Right The following accessory uses are permitted by right up to a maximum 3,000 square feet of gross floor area: 1. Offices for the institution; 2. Meeting rooms for intermittent community meetings or instruction; 3. Fellowship hall; 4. Child care center; 5. Kitchen facilities, including Meals on Wheels or other similar programs using the kitchen in the place of worship but delivering food elsewhere; 6. Senior center, neighborhood arts center or other community center; 7. Temporary child care during religious services or events; 8. Outdoor play area; 9. School with enrollment less than 50 students; 10. Unlighted athletic field or similar facility; 11. Gymnasium or similar indoor recreational facility; 12. Cemetery and/or columbarium; and 13. Residence for clergy employed by the institution. The following accessory uses are permitted by right without limitation upon square feet of gross floor area: 14. Rotating Thermal Shelters (Ord. No , 8/2/12) City of Waynesboro, Virginia 4-21

86 4.6 Accessory Buildings and Use Standards Chapter 98. Article 4. Use Standards Small Wind Energy Conversion Systems B. Accessory Uses Permitted By Conditional Use Permit 1. Accessory uses totaling more than 3,000 square feet gross floor area; 2. School with enrollment of 51 or more students; and 3. Lighted athletic field or similar facility Small Wind Energy Conversion Systems A. General 1. Small wind energy systems may be ground-mounted or attached to a building or other structure, except as provided in this section. 2. Only one small wind energy conversion system is allowed per lot, provided that up to three ground-mounted small wind energy conversion systems may be allowed on a single lot if approved through the conditional use process pursuant to Multiple small wind energy systems may not be approved on residential district lots of less than 40,000 square feet in area. B. Location, Setbacks and Height 1. Small wind energy conversion systems may not be located in required building setbacks or within drainage, utility or other established easements. 2. No portion of a system may extend on or over a property line. 3. The lowest point of any moving elements, such as blades or vanes, must be at least 20 feet above the ground beneath such feature. 4. All power transmission and telemetry lines from the tower to any building or other structure must be placed underground. 5. Small wind energy conversion systems must comply with the height limits of the underlying district, measured from existing grade to the highest point of the system structure, which includes the tip of the top blade when the blade is in its highest position. C. Operational and Performance Standards D. Design 1. Operational noise may not be audible at the property line except during short-term, high wind speed events, such as storms. 2. All systems must be equipped with manual and automatic (mechanical or electrical) over-speed controls to limit the blade rotation speed to within the design limits of the system. 3. The rotating turbine may not produce vibrations that are perceptible to humans standing at ground level outside the property lines of the subject site. 4. Towers, rotors and turbines may not be illuminated unless required by a State or Federal agency, such as the FAA. 1. Lattice type towers and towers using guy wires are prohibited City of Waynesboro, Virginia

87 Chapter 98. Article 4. Use Standards 4.7 Temporary Use Standards Purpose and Intent 2. All structures and equipment must maintain factory colors or be finished in a nonreflective, matte finished, neutral color. 3. No commercial messages may be placed or painted on the tower, rotor, turbine, generator or tail vane that is legible from off-site. This provision is not intended to prohibit warning signs or manufacturer s logos. 4. All climbing pegs, ladders and similar apparatus on freestanding towers must be located at least 12 feet above the ground at the base of the structure. E. Abandonment Any wind energy conversion system that is not operated for a continuous period of 12 months or more or that is in an obvious state of disrepair and a threat to public safety will be deemed abandoned and must be dismantled and removed by the property owner TEMPORARY USE STANDARDS Purpose and Intent There are certain uses that may be permissible on a temporary basis subject to the controls, limitations and regulations of this section. The following sections provide the procedures and criteria used by the Zoning Administrator in reviewing temporary use applications Permitted Temporary Uses A. Temporary Uses Allowed by Permit No temporary use shall be established unless a temporary use permit is approved pursuant to the provisions of 7.8, except as specifically exempted below. In addition to complying with the approval criteria of 7.8.5, the following uses shall comply with the applicable specific use requirements: 1. Concrete and/or asphalt products, temporary, shall be subject to 4.7.4; 2. Construction offices, temporary, shall be subject to 4.7.5; 3. Outdoor events, temporary, shall be subject to 4.7.6; 4. Peddlers, temporary, subject to 4.7.7; 5. Residential sales offices and model homes, temporary, shall be subject to 4.7.8; 6. Residence, temporary, shall be subject to 4.7.9; and 7. Other uses similar in nature to the ones listed above, with corresponding controls, limitations and regulations, in accordance with C. B. Temporary Uses Exempt from Permit Storage pods for storage of household or other goods, temporary, are exempt from permit requirements but shall be subject to General Standards A. No temporary use shall be permitted unless the applicant demonstrates compliance with these standards to the satisfaction of the Zoning Administrator. The Zoning Administrator may impose reasonable conditions on the proposed use to ensure compliance with these standards or other applicable provisions of law. City of Waynesboro, Virginia 4-23

88 4.7 Temporary Use Standards Chapter 98. Article 4. Use Standards Concrete and/or Asphalt Products, Temporary B. Adjacent uses shall be suitably protected from any adverse effects of the use, including noise and glare. C. The use shall not create hazardous conditions for vehicular or pedestrian traffic, or result in traffic in excess of the capacity of streets serving the use. D. Adequate refuse management, security, emergency services and similar necessary facilities and services shall be available for the temporary use, and all necessary sanitary facilities shall be approved by the appropriate health agency. E. The site shall be suitable for the proposed use, considering flood hazard, drainage, soils and other conditions which may constitute a danger to life, health or safety. F. The use shall not have a substantial adverse impact on the natural environment, including trees, ground cover and vegetation Concrete and/or Asphalt Products, Temporary Temporary facilities for manufacturing concrete, asphalt or related products shall comply with the standards of this section. Such uses may be located in any zoning district where they are directly associated with construction in the area. Retail sales of such products shall be prohibited in conjunction with temporary plants. The production site must be returned to its pre-construction state following completion of the associated project Construction Offices, Temporary An industrialized building may be used as a temporary office, security shelter, or shelter for materials or tools necessary for construction on or development of the premises upon which the temporary office is located. Such use shall be strictly limited to the time construction or development is actively underway Outdoor Events, Temporary Temporary outdoor events, including but not limited to carnivals, circuses, festivals, fairs, dog shows, horse shows, outdoor retail sales events, fireworks shows, tent revivals and similar events, regardless of whether or not admission is charged, may be permitted subject to the following standards: A. A temporary use permit for such activities shall be issued for not more than ten consecutive days, in any six month period. B. No such activity shall be located closer than 300 feet to a residential use, without the approval of City Council. This provision shall not apply to City-sanctioned/sponsored events. C. Adequate provisions must be made for parking, and safe ingress and egress must be provided. D. Night operations shall be permitted only if there is a lighting plan which provides for safe lighting without excessive glare into residential areas or streets. E. Signs for temporary outdoor events shall comply with Peddlers, Temporary Temporary peddlers, including but not limited to the sale of food, beverage or other products from a stationary location without permanent facilities and itinerant merchants, may be permitted subject to the following standards: 4-24 City of Waynesboro, Virginia

89 Chapter 98. Article 4. Use Standards 4.7 Temporary Use Standards Residential Sales Office and Model Homes, Temporary A. A temporary permit for such activities shall be issued for not more than 45 consecutive days, in any six month period; B. Adequate provisions must be made for parking, and safe ingress and egress must be provided; C. Night operations shall be permitted only if there is a lighting plan which provides for safe lighting without excessive glare into residential areas or streets; and D. Signs for temporary peddlers shall comply with Residential Sales Office and Model Homes, Temporary A. Temporary residential sales offices and model homes may be located within a residential district as part of an on-going residential development. Such offices and homes shall be removed or converted to a use permitted within the district when certificates of occupancy have been issued to 80 percent of the associated residential units or when use as a sales office or model home has ceased. B. Model homes for new subdivisions shall only be occupied for residential habitation after all business activities have ceased. Upon sale the home shall comply with the applicable residential parking standards at that time Residence, Temporary No recreational vehicle, trailer, tent, garage, barn or other similar vehicle or building erected on any lot shall be used as a residence, temporarily or permanently, nor shall any residence of a temporary character be permitted for more than ten consecutive days Storage Pods, Temporary Storage pods for off-site storage of household or other goods located in a yard are permitted for a maximum of 30 consecutive days. City of Waynesboro, Virginia 4-25

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91 Article 5. Site Development Standards 5.1. PARKING AND LOADING Purpose Applicability Parking Requirements Location of Parking Parking Area Design Stacking Requirements Bicycle Parking Requirements Off-Street Loading Requirements Alternative Compliance ACCESS MANAGEMENT Access Required Curb Cuts Cross-Access Setbacks and Intersection Visibility (Safe Sight Triangle) BICYCLE AND PEDESTRIAN FACILITIES Applicability Types of Pedestrian Facilities Sidewalk Standards Accessways Trails LANDSCAPING Purpose Applicability General Provisions Site Landscaping Requirements Buffer Requirements Street Tree Requirements Parking Lot Landscaping Requirements Screening Requirements OUTDOOR LIGHTING Purpose Applicability Standards Lighting Plan SIGNS Purpose Permit Required Measurement Maximum Number Signs Allowed without a Permit Signs Requiring Permits Illumination Variances Design, Construction and Maintenance Prohibited Signs Other Prohibitions Common Signage Plans OUTDOOR STORAGE AND DISPLAY Applicability City of Waynesboro, Virginia 5-1

92 5.1 Parking and Loading Chapter 98. Article 5. Site Development Standards Purpose Outdoor Display Outdoor Storage COMMON AREA General Configuration and Use Reduction Ownership and Management Permanent Protection of Common Area Alternative Compliance WATER AND SEWER SERVICES CONSTRUCTION STANDARDS PARKING AND LOADING Purpose The regulations of this section are in rough proportion to the generalized parking and transportation demands of different land uses. By requiring such facilities, it is the intent of this section to help avoid the negative impacts associated with spillover parking into adjacent neighborhoods, while at the same time avoiding the negative environmental and urban design impacts that can result from parking lots and other vehicular use areas. The provisions of this section are also intended to help protect the public health, safety, and general welfare by: A. Helping avoid and mitigate traffic congestion; B. Encouraging multi-modal transportation options and enhanced pedestrian safety; C. Providing methods to reduce the amount of impervious surfaces in parking areas and adequate drainage structures in order to reduce the environmental impacts of storm water runoff; D. Encouraging paving or alternate means of surfacing of parking areas in order to address dust abatement and improve air quality; and E. Providing flexible methods for responding to the transportation and access demands of various land uses in different areas of the city Applicability A. General The parking and loading requirements of this section apply to all districts and all uses within the city of Waynesboro. B. New Development Unless otherwise expressly stated, parking and loading requirements shall apply to all new uses established and all new structures constructed. C. Enlargements and Expansions Unless otherwise expressly stated, 1. The parking and loading standards of this section apply when an existing building or use is: (a) Enlarged or expanded to include additional dwelling units; or 5-2 City of Waynesboro, Virginia

93 Chapter 98. Article 5. Site Development Standards 5.1 Parking and Loading Parking Requirements (b) Enlarged by ten percent or 2,000 square feet, whichever is less. 2. In the case of enlargements or expansions triggering requirements for additional parking, additional parking spaces are required only to serve the enlarged or expanded area, not the entire building or use. Commentary: There is no requirement to address lawfully existing parking deficits in conjunction with enlargements or expansions. D. Change of Use Unless otherwise expressly stated, 1. When the use of property changes, additional parking facilities must be provided to serve the new use only when the number of parking spaces required for the new use exceeds the number of spaces required for the lawful use that most recently occupied the building, based on the standards of this section. Commentary: Credit is given to the most recent lawful use of the property for the number of parking spaces that would be required under this Chapter, regardless of whether such spaces are actually provided. 2. When the number of parking spaces required for the new use exceeds the number of spaces required for the use that most recently occupied the property, additional parking spaces are required only to make up the difference between the amount of parking required for the previous use and the amount of parking required for the new use, based on the standards of this section Parking Requirements A. Minimum Requirements Except as otherwise expressly stated, off-street motor vehicle parking spaces must be provide in accordance with the parking ratio requirements of C. B. Maximum Requirements Nonresidential uses requiring 50 or more parking spaces may not provide more than 110 percent of the minimum number of spaces required under the parking ratio requirements of C, below. However, this maximum shall not apply to parcels that are located in H-B Districts that are not in the Corridor Overlay District. Commentary: Parking spaces may not exceed minimum requirements by more than ten percent. C. Calculations The following rules apply when calculating the required number of parking spaces: 1. Multiple Uses Unless otherwise expressly stated, lots containing more than one use must provide parking in an amount equal to the total of the requirements for all uses. Where exact future tenants are unknown, the Zoning Administrator may establish overall parking requirements pursuant to C. 2. Fractions When measurements of the number of required spaces result in a fractional number, any fraction of less than ½ is rounded down to the next lower whole number, and any fraction of ½ or more is rounded up to the next higher whole number. City of Waynesboro, Virginia 5-3

94 5.1 Parking and Loading Chapter 98. Article 5. Site Development Standards Parking Requirements 3. Area Measurements Unless otherwise expressly stated, all area-based (square footage) parking standards must be computed on the basis of gross floor area (GFA). 4. Occupancy - or Capacity-Based Standards For the purpose of computing parking requirements based on employees, students, residents or occupants, calculations must be based on the largest number of persons working on any single shift, the maximum enrollment or the maximum fire-rated capacity, whichever is applicable and whichever results in the greater number of spaces. 5. Unlisted Uses Upon receiving a development application for a use not specifically listed in C, the Zoning Administrator is authorized to apply the parking ratio specified for the listed use that is deemed most similar to the proposed use or establish a different minimum parking requirement on the basis of parking data provided by the applicant and the planning department. D. Exception for C-B District The requirements of this do not apply in the C-B district, except for the maximum requirements as established in Section 5-3.B. E. Parking Ratio Requirements USE USE CATEGORIES TYPES RESIDENTIAL USES (SEE ) GENERAL REQUIREMENT Household living (See A) Group living (See B) All household living not listed below Corner lot duplexes, multiplexes, multifamily building or upper-story residential All group living uses not listed below Group homes/other Nursing or convalescent home Residential assisted living facility not having individual dwelling units 2 spaces per unit 1.5 spaces per efficiency or one bedroom unit 2 spaces per 2 or more bedroom units 1 space per bedroom 1 space per 2 beds 1 space per 5 beds 1 space per 4 beds PUBLIC AND CIVIC USES (SEE ) Community service (See A) Day care (See B) Educational facilities (See C) Government facilities (See D) Medical facilities (See E) Civic clubs or community centers Libraries or museums All day care All educational facilities All government facilities Hospitals Medical or dental clinics 15 spaces, plus one space for each 200 GFA 15 spaces, plus one space for each 200 GFA 1 space per employee 1 space per 4 seats in main assembly area, but not less than 5 per classroom 1 per 250 SF 1 space per 2 beds 1 space per 250 SF 5-4 City of Waynesboro, Virginia

95 Chapter 98. Article 5. Site Development Standards USE CATEGORIES Parks and open space (See F) Passenger terminals and services (See G) Religious institution (See H) Utilities, minor (See J) Utilities, major (See J) USE TYPES All parks and open space uses not listed below Country clubs or golf courses All passenger terminals and services not listed below Airports or heliports All religious institutions All minor utilities All major utilities COMMERCIAL USES (SEE ) Eating establishments (See A) Coffee shops Fast food without drive-through Restaurants with drive-through Restaurants, limited Restaurant and bar GENERAL REQUIREMENT Determined by Zoning Administrator per space per 5 members Determined by Zoning Administrator per space per 400 feet passenger terminal area 1 space per 8 seats in main assembly area None 1 space per 1,000 SF 1 space per 100 GFA 1 space per 100 GFA 1 space per 100 GFA 1 space per 100 GFA 1 space per 100 GFA 5.1 Parking and Loading Parking Requirements Entertainment, indoor (See B) Adult uses Bars or nightclubs Bowling alleys Exhibition hall Firing ranges, indoor Pool halls Theaters or auditoriums Membership clubs or lodges 1 space per 100 GFA 1 space per 100 GFA 4 spaces per lane 5 spaces per 100 GFA 1 space per 100 GFA 1 space per 100 GFA 1 space per 4 seats 1 space per 200 SF, plus 1 per 4 employees Entertainment, outdoor (See B) Offices (See C) Overnight accommodations (See D) Parking, commercial (See E) Retail sales and service, sales-oriented (See F) Arenas and stadiums 1 space per 4 seats Fairgrounds Determined by Zoning Administrator per Driving ranges 1 space per tee box Stables or equestrian facilities Determined by Zoning Administrator per All office uses not listed below 1 space per 400 GFA Bank or financial institution 1 space per 250 GFA Radio or television studio Determined by Zoning Administrator per All overnight accommodations uses not listed below 1 space per bedroom Hotels and motels, Inns 1 space per room, plus 1 space per 200 SF conference or restaurant area All commercial parking Determined by Zoning Administrator per All retail sales and service, sales oriented except as listed below Artist studios or galleries Building supply and lumber Flea market or auction 1 space per 250 GFA 1 space per 400 GFA 1 space per 300 GFA 5 spaces per 100 GFA City of Waynesboro, Virginia 5-5

96 5.1 Parking and Loading Chapter 98. Article 5. Site Development Standards 0 (Ord. No , 6/8/12) USE CATEGORIES Retail sales and service, personal-service oriented (See F) Retail sales and service, repair-oriented (See F) Self-service storage (See G) Vehicle sales and service (See H) USE TYPES All retail sales and service, personal service oriented not listed below Mortuaries or funeral homes All retail sales and service, repair-oriented All self-service storage All vehicle sales and service not listed Full-service, mini-service fuel stations Vehicle service, full or limited Vehicle sales and rental INDUSTRIAL USES (SEE ) Light industrial service (See A) Warehouse and freight movement (See B) Waste-related service (See C) Wholesale trade (See D) Heavy industrial (See E) All light industrial service uses not listed below Building, heating, plumbing or electrical contractors Printing, publishing and lithography All warehouse and freight movement uses All waste service All wholesale trade uses All heavy industrial uses OTHER USES (SEE ) Agriculture (See A) (Ord. No , 6/8/12) (Ord. No , 10/5/17) GENERAL REQUIREMENT 1 space per 200 GFA 1 space per 50 square feet of floor space in funeral service rooms 1 space per 200 GFA 5 spaces, plus 1 space per 100 storage units 1 space per 200 GFA, plus 3 spaces per service bay 1 space per 200 GFA 3 spaces per service bay 1 space per 500 GFA 1 space per 1,000 GFA 1 space per 200 GFA 1 space per 200 GFA 1 space per 1,000 GFA 1 space per 500 SF of GFA + 1 space per 5,000 SF of outside storage area 1 space per 1,000 GFA 1 space per 1,000 GFA All agriculture uses not listed below Determined by Zoning Administrator per Greenhouse or nursery 1 space per 200 GFA Location of Parking A. Except as otherwise specified, required parking spaces must be located off-street and on the same lot as the building or use they are required to serve. B. All or a portion of required parking may be provided off-site, in accordance with the provisions of this section. 5-6 City of Waynesboro, Virginia

97 Chapter 98. Article 5. Site Development Standards 5.1 Parking and Loading Location of Parking C. Any off-site parking space must be located within 300 feet walking distance of the shared parking area, measured between the entrance of the use to be served and the outer perimeter of the furthest parking space within the shared parking lot. (See also G) D. Sites utilized for required parking spaces for commercial or industrial uses shall be in nonresidential districts. E. Parking space location must be owned or under legal control of the same property where building or use requiring parking spaces is located. Off-site parking areas may be under separate ownership only if an agreement is provided guaranteeing the long-term availability of the parking, commensurate with the use served by the parking. Off-site parking privileges will continue in effect only as long as the agreement, binding on all parties, remains in force. If an off-site parking agreement lapses or is no longer valid, then parking must be provided as otherwise required by this section. Commentary: See also A. F. Street Parking Any complete parking space located in a public right-of-way that immediately abuts a lot(s) of record shall count towards the minimum parking requirements of E for the uses on such abutting lot(s). For purposes of this section, complete parking space shall be a minimum of 22 feet long and subject to determination by the City Engineer that the space meets all applicable minimum safety and design standards, e.g. site distance, minimum separation from intersections and entrances. G. Shared Parking 1. Purpose Shared parking is encouraged as a means of conserving scarce land resources, reducing stormwater runoff, reducing the heat island effect caused by large paved areas and improving community appearance. City of Waynesboro, Virginia 5-7

98 5.1 Parking and Loading Chapter 98. Article 5. Site Development Standards Location of Parking 2. General The Zoning Administrator may approve shared parking facilities, subject to the following standards: (a) Eligible Uses Shared parking is allowed among different categories of uses or among uses with different hours of operation, but not both. (b) Ineligible Uses Accessible parking spaces (for persons with disabilities) may not be shared and must be located on-site. (c) Location Shared parking spaces shall be located within 300 feet of the primary entrance of all uses served, unless shuttle bus service is provided to the parking area. (d) Zoning Classification Shared parking areas serving uses located in nonresidential districts shall be located in nonresidential districts. Shared parking areas serving uses located in residential districts may be located in residential or nonresidential districts. Shared parking areas shall require the same or a more intensive zoning classification than that required for the most intensive of the uses served by the shared parking area. (e) Temporary Uses Up to ten percent of required parking spaces for any use may be used jointly by a temporary commercial use. (f) (g) Shared Parking Study Applicants wishing to use shared parking as a means of satisfying parking requirements shall submit a shared parking analysis to the Zoning Administrator that clearly demonstrates the feasibility of shared parking. The study shall be provided in a form established by the Zoning Administrator and made available to the public. It shall address, at minimum, the size and type of the proposed development, the composition of tenants, the anticipated rate of parking turnover and the anticipated peak parking and traffic loads for all uses that will be sharing parking spaces. Agreement Applicants must provide a shared parking agreement executed by the parties establishing the shared parking spaces. Shared parking privileges will continue in effect only as long as the agreement, binding on all parties, remains in force. Should the agreement cease to be in force, parking must be provided as otherwise required by this section. 3. Shared Parking for Different Categories of Uses A use may share parking with a different category of use according to only one of the following subsections: (a) Office Use and Retail Sales-Oriented Use If an office use and a retail sales-oriented use share parking, the parking requirement for the retail sales-related use may be reduced by up to 20 percent, 5-8 City of Waynesboro, Virginia

99 Chapter 98. Article 5. Site Development Standards 5.1 Parking and Loading Parking Area Design provided that the reduction does not exceed the minimum parking requirement for the office use. (b) Residential Use and Retail Sales-Oriented Use If a residential use shares parking with a retail sales-related use (expressly excluding lodging uses, eating and drinking establishments and entertainmentrelated uses), the parking requirement for the residential use may be reduced by up to 30 percent, provided that the reduction does not exceed the minimum parking requirement for the retail sales-related use. (c) Residential Use and Office Uses If a residential use and an office use share parking, the parking requirement for the residential use may be reduced by up to 50 percent, provided that the reduction does not exceed the minimum parking requirement for the office use. 4. Shared Parking for Uses with Different Hours Of Operation (a) For the purposes of this section, the following uses are considered daytime uses: (1) Customer service and administrative offices; (2) Retail sales uses, except eating and drinking establishments, lodging uses, and entertainment-related uses; (3) Warehousing, wholesaling, and freight movement uses; (4) Manufacturing, production and industrial service uses; and (5) Other similar primarily daytime uses, as determined by the Zoning Administrator. (b) For the purposes of this section, the following uses are considered nighttime or Sunday uses: (c) (1) Auditoriums accessory to public or private schools; (2) Religious assembly uses; (3) Entertainment-related uses, such as theaters, bowling alleys, and dance halls; and (4) Other similar primarily nighttime or Sunday uses, as determined by the Zoning Administrator. Up to 90 percent of the parking required by this section for a daytime use may be supplied by the parking provided for a nighttime or Sunday use and vice-versa, when authorized by the Zoning Administrator. (d) The applicant must show that there is no substantial conflict in the principal operating hours of the uses for which shared parking is proposed. (Ord. No , 6/8/12) Parking Area Design All parking and loading spaces shall be provided with safe and convenient access to a public street and be subject to the site plan review procedures of 7.7. City of Waynesboro, Virginia 5-9

100 5.1 Parking and Loading Chapter 98. Article 5. Site Development Standards Parking Area Design A. Dimensions and Access 1. Each parking stall shall be striped. 2. Each parking space and the maneuvering area thereto shall be located entirely within the boundaries of the site. 3. All parking spaces and aisles shall comply with the following minimum requirements. Angle (degrees) Width of Stall (feet) Parking Space and Aisle Dimensions Depth of Stall 90 Degrees to Aisle (feet) Width of Aisle (feet) One-way Two-way Width of Stall Parallel to Aisle (feet) 45 9 feet 21.1 feet 13 feet 20 feet 12.7 feet feet 21.1 feet 13 feet 20 feet 14.1 feet 60 9 feet 22.3 feet 15 feet feet feet 22.3 feet 14 feet feet 90 9 feet 18 feet feet 9 feet feet 18 feet feet 10 feet Parallel 9 feet 9 feet (width) 13 feet 24 feet 22 feet Commentary: The table above provides minimum standards for two parking stall width options, nine-foot wide spaces and ten-foot wide spaces. (a) Parking spaces (90 degree only) that abut a landscape island may be reduced in length to 16 feet provided that the island is a minimum of four feet in depth and protected by wheel stops or curb. (b) Parking spaces (90 degree only) that abut a sidewalk adjacent to a building may be reduced in length to 16 feet provided that the sidewalk is a minimum of six feet in width. (c) The width of the alley may be assumed to be a portion of the maneuvering space requirement for parking facilities located adjacent to a public alley. (d) In no event shall pavement be located within six feet of a right-of-way, unless the pavement is part of an entrance driveway. (e) Grades within parking lots shall not exceed six percent. (f) (g) Tandem parking for up to one space in the driveway in front of a garage shall be permitted and count toward required parking. For single family detached, single family attached, zero lot line houses, two family duplexes and corner lot duplexes, the maximum width of impervious vehicular travel ways and parking areas located within the required front yard setback shall not exceed 25% of the lot width City of Waynesboro, Virginia

101 Chapter 98. Article 5. Site Development Standards 5.1 Parking and Loading Parking Area Design Commentary: See also the more restrictive use standards for multiplexes ( 4.2.2) multifamily buildings ( 4.2.3), and townhouses ( 4.2.5). For more information regarding required yards or setbacks, see Surfacing (a) Surfacing Required Except as provided below, where off-street facilities are provided for parking or any other vehicular use area, they shall be surfaced with asphalt bituminous, concrete or dustless material approved by the Zoning Administrator and shall be maintained in a smooth, well-graded condition. (b) Grass Lawn Parking (1) Grass lawn or other pervious parking surfaces may be permitted for specific uses as set forth below, provided they are approved by the Zoning Administrator. (2) Where provided, such alternative parking surfaces shall be maintained in a smooth, well-graded condition. If parking demand causes the grass or lawn to be damaged or destroyed to the extent that it ceases to grow, then paving of such an area in accordance with this section may be required. (3) All driveways, access aisles and parking spaces (excluding handicapped) may be surfaced with grass lawn for uses which require parking on an average of less than twelve days per month; for schools, churches, parks and playgrounds, ball fields, football and baseball stadiums, fairgrounds and other similar outdoor recreation areas. 5. Wheel Stops Wheel stops, curbing or other barriers shall be provided to prevent potential conflicts between pedestrians and landscaping by vehicles. 6. Landscaping Requirements See B. Use of Parking Areas 1. General (a) Required parking areas may be used solely for the temporary parking of licensed motor vehicles in operating condition. (b) Required parking spaces may not be used for the display of goods for sale or lease or for storage of building materials. (c) Required parking spaces are intended to serve residents, tenants, patrons, employees, or guests of the principal use. Parking spaces that are required by this Chapter must be maintained for the life of the principal use. (d) No motor vehicle repair work of any kind is permitted in a required parking space. This provision shall not be applicable to single-family detached dwelling units. City of Waynesboro, Virginia 5-11

102 5.1 Parking and Loading Chapter 98. Article 5. Site Development Standards Parking Area Design 2. Trash Receptacles and Service Areas (a) Trash receptacles, trash compaction, recycling collection, grease collection and other similar service areas may be located in parking area but shall not reduce applicable parking requirements. (b) Trash receptacles, trash compaction, recycling collection, grease collection and other similar service areas must be screened in accordance with E. (c) Trash receptacles and service areas may not be located in the front or street side setback area. (d) A concrete pad shall extend in front of each dumpster so that the front wheels of a truck servicing the dumpster shall rest on the pad no less than eight feet in front of the dumpster. (e) Concrete pads for trash and recycling pads shall be sloped to a central drain with a strainer that is connected to the sanitary sewer service. The purpose of this drain is to allow for the capture of runoff generated during the cleaning of the pad. The drain shall be constructed so that is can be plugged at all other times. (f) Grease, oil and sand interceptors shall be provided for the proper handling of liquid wastes containing excessive amounts of grease, flammable wastes, sand or other harmful substances when deemed necessary by the Director of Public Works. All interceptors shall be easily accessible for cleaning and inspection and shall be of a type and capacity approved by the Director of Public Works. Installation of an interceptor shall also require a separate manhole to be installed on the City s sewer main. Such interceptors shall not be required for private living quarters or dwelling units. C. Accessible Parking (For People with Disabilities) 1. All parking spaces reserved for the disabled on public property or in privately owned parking areas open to the public shall be identified by above-grade signs and otherwise marked and signed as required by State law. 2. Requirements as to number and dimension of such parking spaces reserved for the disabled shall comply with all applicable State and Federal laws. 3. Failure of the owner of such privately owned parking areas to comply with this section shall constitute a violation of this Chapter under Article All disabled parking signs shall include the following language: PENALTY, $ Fine, TOW AWAY ZONE. Such language may be placed on a separate sign and attached below existing above-grade disabled parking signs, provided that the bottom edge of the attached sign is no lower than four feet above the parking surface. (Ord. No , 6/8/12) 5-12 City of Waynesboro, Virginia

103 Chapter 98. Article 5. Site Development Standards 5.1 Parking and Loading Stacking Requirements Stacking Requirements The following vehicle stacking standards shall apply unless otherwise expressly approved by the Zoning Administrator. The Zoning Administrator may require additional stacking spaces where trip generation rates suggest that additional spaces will be needed. A. Minimum Number of Spaces Off-street stacking spaces shall be provided as follows: Off-street Stacking Space Requirements Facility or use Minimum Spaces Measured From Automated teller machine 3 Machine Bank teller lane 4 Teller or window Car lubrication stall 2 Entrance to stall Car wash stall, automated 4 Entrance to wash bay Car wash stall, hand-operated 3 Entrance to wash bay Child care drop off 3 Passenger loading area Gasoline pump island 2 Pump island Parking area, controlled entrance 4 Key code box Restaurant drive-through 6 Order box Restaurant drive-through 4 Order box to pick-up window Valet parking 3 Valet stand School drop-off (public and private) Determined by Zoning Administrator Other Determined by Zoning Administrator B. Design and Layout Required stacking spaces are subject to the following design and layout standards: 1. Dimensions Stacking spaces shall be a minimum of eight feet by 20 feet in size. 2. Location Stacking spaces shall not impede on- or off-site traffic movements, or movements into or out of parking spaces. 3. Design Stacking spaces shall be separated from other internal driveways by raised medians if deemed necessary by the Zoning Administrator for traffic movement and safety. (Ord. No , 6/8/12) Bicycle Parking Requirements A. General This section establishes requirements for bicycle parking and storage facilities. These requirements apply regardless of any motor vehicle parking exemptions or reductions. B. Spaces Required Bicycle parking requirements are based in part on the parking ratio requirements of C. The minimum number of bicycle spaces to be provided shall be determined from the following table: City of Waynesboro, Virginia 5-13

104 5.1 Parking and Loading Chapter 98. Article 5. Site Development Standards Off-Street Loading Requirements Ratio of Required Parking Spaces To Bicycle Spaces Use Spaces Required Over plus 1 for each 20 parking spaces over 100, provided that the maximum number of required bicycle spaces shall not exceed 20. C. Bicycle Parking Space Design and Location 1. General Required bicycle parking spaces must: (a) Consist of bike racks or lockers that are anchored so that they cannot be easily removed; (b) Be of solid construction, resistant to rust, corrosion, hammers, and saws; (c) Allow both the bicycle frame and the wheel to be locked in an upright position; (d) Be designed so as not to cause damage to the bicycle; (e) Facilitate easy locking without interference from or to adjacent bicycles; and (f) Be in highly visible, active, well-illuminated areas that do not interfere with pedestrian movements. 2. Location Bicycle parking shall be located so as to not conflict with automobile or pedestrian traffic and be within 100 feet of a customer entrance. 3. Size All required short-term bicycle parking spaces must have minimum dimensions of 2 feet in width by 6 feet in length, with a minimum overhead vertical clearance of 7 feet Off-Street Loading Requirements A. Loading Facilities Required 1. Off-street loading spaces shall be required for uses that regularly handle or receive the shipment of goods, except in the C-B district. 2. Large quantities of goods at the rate of one loading space for each 10,000 square feet, or fraction thereof, and shall be of sufficient quantity to adequately serve the proposed use. 3. Vehicle sales or rental facility or similar use requiring delivery of vehicles by truck shall demonstrate that an adequate on-site area exists for the loading and unloading of such trucks. 4. Any convenience store or similar use requiring deliveries by truck shall demonstrate that an adequate on-site area exists for the loading and unloading of such trucks. B. Design and Layout 1. Loading and unloading activity shall not be permitted in any public right-of-way. In no case shall loading and unloading activity encroach on or interfere with the public 5-14 City of Waynesboro, Virginia

105 Chapter 98. Article 5. Site Development Standards 5.2 Access Management Alternative Compliance use of streets, sidewalks, and lanes by automotive vehicles or pedestrians. Adequate space shall be made available for the unloading and loading of goods, materials, items or stock for delivery and shipping. 2. Where off-street loading facilities are provided, they shall be not less than 12 feet in width by 35 feet in length, with not less than 14 feet of vertical clearance. 3. Hours of loading and unloading operation adjacent to ground floor residential uses shall be limited between the hours of 6:30am and 10:00pm. Loading docks shall be signed to indicate no idling. C. Screening All loading areas shall be screened in accordance with Alternative Compliance The Zoning Administrator is authorized to approve other alternatives to strict compliance with the parking and loading requirements of this section if the Site Review Team finds, based on evidence provided by the applicant that the proposed plan will: A. Not adversely affect surrounding neighborhoods and uses; B. Not adversely affect traffic congestion and circulation; and C. Be at least as effective as strict compliance with the requirements of this section in meeting the purpose of this 5.1. (Ord. No , 6/8/12) 5.2. ACCESS MANAGEMENT Access Required A. Minimum Improved Street Frontage 1. Except as otherwise stated, no principal building, structure or use may be erected or established on any lot which does not abut on a street constructed to the standards of the City and dedicated as a public street to the City or the State (See also City Code, Chapter 74, Subdivision Regulations). 2. All street frontage adjacent to building sites shall be improved to City standards across the entire frontage of the parcel. B. Technical Review All driveways and access roadways are subject to the approval of the Zoning Administrator and/or the City Engineer and compliance with other applicable requirements of this Chapter. C. Exceptions 1. Multiplexes, townhouses and multifamily buildings with frontage on a private street may be allowed by Conditional Use Permit in accordance with 7.6. (See also 4.2). For all other uses, the Zoning Administrator may authorize, in specific situations, the erection or establishment of a principal building, structure, or use on a lot not meeting these requirements: (a) if it is clear that adequate provision for access for the type and intensity of use proposed has been or will be provided, and there are special circumstances; or City of Waynesboro, Virginia 5-15

106 5.2 Access Management Chapter 98. Article 5. Site Development Standards Curb Cuts (b) an available traffic engineering study justifies such modification. 2. Approved modifications shall be the minimum necessary to serve the needs of the proposed development and minimize the impact on the adjacent street. 3. In the case of a nonresidential use, that an easement has been recorded guaranteeing accessibility unless the application of these requirements to the proposed use not feasible or undesirable. (Ord. No , 6/8/12) Curb Cuts All curb cuts shall be in accordance with City standards and specifications. A. Residential 1. Location No residential curb cut shall be located: (a) within five feet, at the curb line, from the line of the adjacent property; or (b) within 25 feet of the corner of a street intersection. 2. Maximum Width Maximum width of residential curb cuts shall be as follows: (a) Curb cuts serving multifamily buildings or townhouse development: 24 feet, excluding landscaped center medians (b) Curb cuts serving all other residential uses: 15 feet B. Nonresidential The location and design of nonresidential curb cut shall comply with the following standards, except as otherwise required by the City Engineer. 1. Spacing (a) Unless lot dimensions preclude such spacing, minimum spacing between curb cuts shall depend upon the adjacent street design speed and shall be as follows: Minimum Curb Cut Spacing Street Design Speed Minimum Spacing Standard Under 30 mph 125 feet mph 200 feet mph 325 feet 50 mph and above 450 feet (b) Spacing shall be measured from curb cut centerline to the centerline of the adjacent or facing curb cut. (c) No curb cut shall be located within 50 feet of any street intersection. (d) No curb cut shall be located within 200 feet of an intersection involving at least one arterial street. If the frontage width of a development site is insufficient to comply with this requirement, the curb cut shall be situated as far as practicable from the intersection. (e) Curb cuts on the same site shall be not less than 200 feet apart City of Waynesboro, Virginia

107 Chapter 98. Article 5. Site Development Standards 5.3 Bicycle and Pedestrian Facilities Cross-Access (f) (g) Cross-Access Curb cuts facing one another across from a street shall be aligned so that: (1) Their centerlines are not more than two feet apart; or (2) Their centerlines are not less than 200 feet apart. These requirements shall not apply to median-divided streets. 2. Width Curb cuts shall not be more than 35 feet in width, excluding landscaped center medians. A. Description and Purpose Cross-access refers to providing vehicular access between two or more contiguous sites so that motorists do not need to re-enter the public street system to gain access to abutting nonresidential sites. Cross-access between abutting properties reduces vehicular conflicts between motorists on the street and motorists entering and leaving driveways. Reduced traffic conflicts result in fewer accidents and improved traffic flow on the public street network, promoting the public health, safety and welfare. B. Requirements Vehicular access shall be required between abutting lots fronting on arterial and collector streets in order to minimize the total number of access points along those streets and to facilitate traffic flow between lots, except where topography or other physical conditions make such access unreasonable. The location and dimensions of such easement shall be determined by the Zoning Administrator. Commentary: Cross-access between parking lots is about public safety and convenience, not owner preference. It is intended to minimize vehicular movements in and out of the public right-of-way Setbacks and Intersection Visibility (Safe Sight Triangle) On any lot, a safe sight triangle shall be maintained in accordance with VDOT standards, except as otherwise required by the City Engineer. (Ord. No , 6/8/12) 5.3. BICYCLE AND PEDESTRIAN FACILITIES Applicability A. All new development shall provide pedestrian facilities and pedestrian access in accordance with the requirements of this section. B. Buildings and structures lawfully existing as of the effective date of this Chapter may be redeveloped, renovated or repaired without providing pedestrian facilities in conformance with this section, provided there is no increase in gross floor area in such building or structure or ten percent increase in impervious area on the site Types of Pedestrian Facilities A. Sidewalks Sidewalks are any strip or section of concrete or such other materials that provide an appropriate surface of the required minimum in width, typically located adjacent and parallel City of Waynesboro, Virginia 5-17

108 5.3 Bicycle and Pedestrian Facilities Chapter 98. Article 5. Site Development Standards Sidewalk Standards to vehicle roadways, intended for use as a walkway for pedestrians. Sidewalks are located within a dedicated road right-of-way or public easement not less than 15 feet in width. B. Accessways Accessways are strips or sections of concrete, stone or such other materials that provide an appropriate surface a minimum of four feet in width, not typically located adjacent to vehicle roadways, which provide pedestrian and non-motorized access to a property. Accessways are located within a dedicated public easement not less than 15 feet in width. C. Multi-Use Paths Multi-use paths are strips or sections of asphalt, concrete, stone or such other materials that provide an appropriate surface a minimum of eight feet in width, not typically located adjacent to vehicle roadways, which provide pedestrian and non-motorized access to a property. Multi-use paths are located within a dedicated public easement not Iess than 15 feet in width Sidewalk Standards Sidewalks shall be placed within the right-of-way adjacent to the building lot or parcel as determined by the Zoning Administrator and as specified below. A. Sidewalks shall be required on both sides of all arterial and collector streets. B. Sidewalks shall be required along one or both sides of local streets. C. The Zoning Administrator may review each development and site plan on its own merits to determine whether additional sidewalks will be required based on anticipated pedestrian demand in the area. D. Where sidewalks are required, the subdivider shall construct all sidewalks according to one of the following placement alternatives: 1. Sidewalks shall be placed against the back of curb and have a minimum paved width of five feet; or 2. Sidewalks shall be placed such that a minimum two foot green space is maintained between the back of curb and the inside edge of the sidewalk; sidewalk paved width shall be a minimum of four feet for this placement; or 3. Sidewalks shall be placed in a variation of the above location and/or width alternatives that provides the same level of service. E. Where a combination or variation from the three placement methods described in subsection D, above, is necessary or desired; or where an obstruction is located within the paved area, the following criteria must be satisfied. 1. All radii in the transition section must be a minimum of ten feet. 2. All transition sections must be approved by the Zoning Administrator City of Waynesboro, Virginia

109 Chapter 98. Article 5. Site Development Standards 5.3 Bicycle and Pedestrian Facilities Accessways F. In order to provide safe and adequate access on sidewalks, all sidewalks shall comply with minimum clear width requirements around all obstructions, natural or manmade. G. All sidewalks must be constructed concurrently with the street or, if the street is already constructed, prior to acceptance of any improvements adjacent to such street Accessways Accessways shall be provided in blocks over 800 feet in length and at the end of cul-de-sacs that abut an existing or future school, park, greenway, trail, bikeway or street Trails Trails shall be provided in accordance with adopted plans. City of Waynesboro, Virginia 5-19

110 5.4 Landscaping Chapter 98. Article 5. Site Development Standards Purpose 5.4. LANDSCAPING Purpose The standards of this section provide for the preservation of existing vegetation and for the installation and maintenance of new vegetation and other landscape architectural features. The purpose of these standards is to: A. Improve property and community appearance without compromising community safety, including minimization of the offsite visual impact of extensive land disturbance; B. Allow for the ecological benefits provided by plant materials, including protection of land from unnecessary erosion and watercourse sedimentation, reduction of stormwater runoff, improvement of air quality, and provision of wildlife habitat; C. Reduce the urban heat island effect; D. Enhance the beauty of the built environment; and E. Enhance the privacy and welfare of citizens by separating incompatible land uses Applicability Unless otherwise expressly stated: A. Development for which major site plan approval is required (See 7.7) shall comply with all requirements of this section; and B. Development for which a minor site plan approval is required need only comply with the buffer requirements ( 5.4.5), street tree requirements ( 5.4.6) and screening requirements ( 5.4.8) General Provisions A. Protection of Existing Vegetation 1. Credit for Existing Plant Material (a) Credit for Existing Plant Material (1) Credit for existing plant material above the minimum planting size shall be allocated on a two-for-one basis for canopy trees, understory trees or shrubs. Credit for existing plant material below the minimum planting size shall be allocated on a one-for-one basis, subject to the approval of the Zoning Administrator. (2) Required planting areas shall incorporate existing natural vegetation to the maximum extent feasible. Prior to disturbance of a required planting area, approval shall be obtained from the City. Where existing vegetation is inadequate to comply with the required planting standards, additional plant material shall be required. (3) The retention of existing vegetation shall be maximized within proposed planting areas. Existing native habitat or vegetation located within planting area that meets the minimum requirements of this section may be counted. If the existing vegetation has been credited and is subsequently removed or dies, it shall be replaced with the appropriate planting material City of Waynesboro, Virginia

111 Chapter 98. Article 5. Site Development Standards 5.4 Landscaping General Provisions B. Installation (4) Credit may be permitted for existing plant material and walls on adjacent property, provided such items are in a permanently protected area, including, but not limited to: (i) A conservation easement or preserve area on adjacent property; or (ii) An existing utility or drainage easement exceeding 100 feet in width. 2. Tree Protection During Construction Existing trees specified on the landscape plan to remain on the site shall be protected from vehicular movement and material storage over their root spaces during construction. An undisturbed area with a porous surface shall be reserved around a tree, based on diameter at breast height (DBH) of the tree as follows, and with no protective distance less than four feet from the base of the tree. Tree Protection During Construction Minimum Trunk Diameter at Breast Height (DBH) Area Required 4-10 inches 80 SF inches 180 SF inches 320 SF 21 inches or more 340 SF 1. Plant Materials Specific plant materials shall be subject to the approval of the Zoning Administrator. All plant material shall comply with or exceed size and shape relationships specified in the latest edition of The American Standard for Nursery Stock published by the American Association of Nurserymen. 2. Trees (a) Canopy Trees (1) Canopy trees shall have a minimum size of two-inch caliper and six feet in height at time of planting. (2) Canopy trees shall be planted at least 18 feet apart. (b) Deciduous Understory Trees (c) (1) Deciduous understory trees with single stems shall have a minimum size of one-inch caliper and a minimum height of eight feet at the time of planting. (2) Multi-stemmed deciduous understory trees shall have a minimum height of eight feet at the time of planting. (3) Deciduous understory trees shall be planted at least 12 feet apart. Evergreen Understory Trees Evergreen understory trees shall have a minimum height of six feet at the time of planting. (d) Mixing Of Tree Species A mix of species shall be provided. City of Waynesboro, Virginia 5-21

112 5.4 Landscaping Chapter 98. Article 5. Site Development Standards General Provisions 3. Shrubs Shrubs shall be at least one gallon container size and one foot in height. 4. Soils Planting areas shall have un-compacted coarse loam that is a minimum of 12 inches deep. Soils shall be appreciably free of gravel, stones, rubble or trash. All compacted soil, contaminated soil or roadbase fill shall be removed. 5. Issuance of Certificate of Occupancy (a) A permanent certificate of occupancy shall not be approved until all seeding, trees, and plant material have been placed in accordance with the approved site plan and requirements of this section. (b) A temporary certificate of occupancy may be issued for a period of 30 days under circumstances that would affect the seeding and planting of the site, or until the proper planting season is reached to complete the landscaping requirements, and may be extended up to 90 days upon request to the Zoning Administrator. C. Maintenance Requirements 1. Responsibility The responsibility for maintenance of a planted area shall remain with the owner, his or her successors, heirs, assignees or any consenting grantee. Maintenance is required in order to ensure the proper functioning of a planted area. 2. Easements Where such trees and shrubs are planted in easements, the property owner shall be responsible for replacement of such required vegetation if maintenance or other utility requirements require their temporary removal. In buffer plantings below overhead utility lines, understory trees shall replace any canopy trees at a rate of two understory trees per required canopy tree. 3. Maintenance (a) All plantings shall be maintained in an attractive and healthy condition. Maintenance shall include, but not be limited to, watering, mulching, fertilizing and pest management, mowing, weeding, removal of litter and dead plant material, and necessary pruning and trimming. (b) Necessary pruning and trimming shall be in accordance with the American National Standards for Tree Care Operations: Tree Shrub and Other Woody Plant Maintenance Standards Practices (Pruning), and shall not be interpreted to include topping of trees through removal of crown material or the central leader, or any other similarly severe procedures such as lollipopping or meatballing that cause irreparable harm to the natural form of the tree, except where such procedures are necessary to maintain public overhead utilities. Any such activity shall be a violation of this Chapter. Additional plant material shall be required to replace or supplement the damaged plant material. (c) Dead or diseased plantings shall be removed. Replacement plantings shall be provided for any required plants which die or are removed for any reason, and shall comply with all minimum standards and conform to these regulations. (d) Natural water courses shall be maintained in a natural condition City of Waynesboro, Virginia

113 Chapter 98. Article 5. Site Development Standards 5.4 Landscaping Site Landscaping Requirements (e) A water source shall be supplied within 50 feet of any planting requiring continuing watering. Where non-native or non-drought tolerant native vegetation is incorporated, an irrigation system shall be required. Irrigation systems shall comply with the standards of the City. (f) (g) Landscape structural features such as walls, fences, berms or water features shall be maintained in a structurally safe and attractive condition. Where other uses are incorporated, including pedestrian, bike or other trails, these uses shall be maintained to provide for their safe use. 4. Failure to Maintain In the event that any owner of a planted area fails to maintain the planted area according to the standards of this section, the City shall have the right to recover the cost of enforcement, including reasonable attorney fees. The City may also, following reasonable notice and a demand that deficiency of maintenance be corrected, enter the planted area to take maintenance action. The cost of such maintenance shall be charged to the party having the primary responsibility for maintenance of the planted area. D. Landscape Plans 1. A landscape plan shall be submitted in conjunction with a required site plan (See also 7.7). Landscaping plans shall be prepared by certified landscape architects or other professionals with a proficiency in preparing landscaping plans. 2. Landscape plans shall consist of a legible drawing of sufficient scale to clearly depict the actual dimensions of the parcel and its features including but not limited to: property lines, all structures, all existing and proposed utilities, parking areas, drives and access roadways, sidewalks, etc., existing trees of 6 inch DBH and larger, existing vegetation with notations of what will be retained and any topographic variations that either affect or will be affected by the landscaping. Scale must be determined by the Zoning Administrator at the time of staff review. (Depending on the size of the project, the plan can range anywhere from 1 =10 to 1 =50.) E. Alternative Compliance The City Council may modify the landscape standards of this section by Conditional Use Permit in accordance with 7.6 where the alternative proposed achieve the purposes of this 5.4. (Ord. No , 6/8/12) Site Landscaping Requirements All areas of a site that are not covered by structures, driveways, parking areas or other paved surfaces must be landscaped. Such landscaping may include turf grass or other organic or inorganic material. Pervious surfaces and bare dirt do not constitute landscaping Buffer Requirements A buffer is landscaped transition between dissimilar uses. A buffer may also contain, or be required to contain, a barrier such as a berm, fence or wall where such additional screening is necessary to achieve the desired level of buffering between various land use activities. A buffer is not intended to be commensurate with the term "yard" or setback. City of Waynesboro, Virginia 5-23

114 5.4 Landscaping Chapter 98. Article 5. Site Development Standards Buffer Requirements A. Buffer Types There are three types of required buffers that may occur on any given parcel. 1. District Boundary Buffers Perimeter compatibility is required along the boundaries of all incompatible zoning districts. The following table shall be used to determine the required buffer classification between adjacent districts. Subject Adjacent Property District Property District RS-12 RS-7 RS-5 RG-5 R-MX R-MF R-O L-B H-B C-B L-I H-I RS RS-7 A RS-5 B A RG-5 B A R-MX B A A A R-MF B B B B A R-O B B B B A L-B B B B B B B B H-B B B B B B B B B C-B L-I C C C C C C C C C B H-I C C C C C C C C C B <For District References see 2.1> 2. Project Boundary Buffers (a) Project boundary buffer requirements are established to mitigate the effect of specific types of development on adjacent properties. Where a project boundary buffer is required, such buffer shall be in accordance with one of the following alternatives: (1) No buffer is required where the width of the project s perimeter lots is equal to or greater than the minimum lot width of the adjoining development or the minimum lot width required by the zoning district applied to any adjoining undeveloped parcel. (2) Where narrower lot widths are provided, a Class C buffer shall be provided along project boundaries in accordance with B. A project boundary buffer shall not be required along arterial or collector streets. (b) Alternatives to the above requirements to deal with topography may be approved, subject to review. 3. Use Boundary Buffers Where nonresidential or multiple family development occurs adjacent to single-family detached, single-family attached, two family houses (duplex) or corner lot duplexes, a class B buffer shall be provided in accordance B City of Waynesboro, Virginia

115 Chapter 98. Article 5. Site Development Standards 5.4 Landscaping Buffer Requirements B. Buffer Classifications 1. General (a) Minimum width and plant material requirements are specified below for each buffer class. (b) Subject to the approval of the Zoning Administrator, a wall, fence or berm complying with the standards in subsection 4, below, may be substituted for buffer width or in lieu of some of the required shrubs in buffer Classes A and B. A wall, fence or berm is required in all Class C buffers. 2. Class A Buffer Class A buffers shall include: (a) Minimum width: 10 feet (b) Plants per 100 linear feet: 2 canopy trees, 2 understory trees, and 12 shrubs 3. Class B Buffer Class B buffers shall include: (a) Minimum width: 15 feet (b) Plants per 100 linear feet: 1 evergreen tree, 1 canopy tree and 2 understory trees, 16 shrubs 4. Class C Buffer Class C buffers shall include: (a) Minimum width: 20 feet (b) Plants per 100 linear feet: 1 wall, fence or berm, 1 evergreen tree, 1 canopy tree, 1 understory tree, 12 shrubs (c) Options and Limitations (1) Wall or fence The wall option requires a 6-foot solid wall or fence along the interior side of the buffer area; chain link fences may not be used as part of a required buffer (See also ). City of Waynesboro, Virginia 5-25

116 5.4 Landscaping Chapter 98. Article 5. Site Development Standards Street Tree Requirements (2) Berm The landscape berm option requires a berm between 4 and 6 feet in height. If the berm is less than 6 feet in height, it must include at least one shrub per 3 lineal feet along the top of the berm. C. Location of Buffer Buffers shall be located within the outer perimeter of a lot or parcel, parallel to and extending to the lot or parcel boundary line. Buffers shall not be located on any portion of an existing, dedicated or reserved public or private street or right-of-way. D. Permitted Use of Buffer Area A buffer area shall not be used for any principal building or use, accessory building or use, vehicle use area or storage area except as specifically permitted below. 1. A buffer may be used for passive recreation and picnic facilities; and it may contain pedestrian or bike trails, provided that: (a) Trails may be incorporated provided adequate width (minimum 15 feet) is added to the required buffer width to accommodate both the trail and the required buffer plantings. Buffers with trails may also count toward the provision of common area for the development. (b) No existing plant material shall be eliminated, other than nuisance exotics; and (c) All other requirements of this section shall be met. 2. Other appurtenances which require high visibility and easy access, such as fire hydrants, public and emergency telephones, mail boxes and bus shelters or benches, are also permitted in a buffer. No screening of such appurtenances shall be allowed. 3. A required buffer is encouraged to retain areas of native habitat and may incorporate water resources including stormwater detention or retention facilities. However a minimum 10-foot contiguous width of the buffer complying with the buffer requirements of this section shall be preserved as a planting area without stormwater facilities. E. Ownership of Buffers Buffers may remain in the ownership of the original applicant; they may be subjected to deed restrictions and subsequently be freely conveyed; or they may be transferred to any consenting grantees, such as the City, a land conservancy or land trust, or homeowners association. Any such conveyance shall adequately guarantee the protection and maintenance of the buffer in accordance with the provisions of this section. (Ord. No , 6/8/12) Street Tree Requirements A minimum ten foot wide landscaped street yard shall be provided along all streets. Street trees shall be required along all streets at the rate of one canopy tree for every 40 linear feet and spaced a maximum of 50 feet part. A. All street trees shall be planted no less than three feet or more than 15 feet from the back of the curb or edge of pavement. B. No tree shall be planted within VDOT sight triangle ( 5.2.4) or closer than ten feet from any fire hydrant City of Waynesboro, Virginia

117 Chapter 98. Article 5. Site Development Standards 5.4 Landscaping Parking Lot Landscaping Requirements C. Street tree requirements of this subsection shall not apply in the C-B district Parking Lot Landscaping Requirements A. Perimeter B. Interior 1. The perimeter of all parking areas and other vehicular use areas with frontage on any portion of an existing public right-of-of way shall be screened by a continuous landscaped hedge, a decorative masonry wall, a treated wood fence, wrought iron or any combination thereof. At the time of installation, such screening shall be at least 30 inches in height. Any vegetative screen shall reach a minimum height of 36 inches within two years of planting. 2. The perimeter of all parking areas and other vehicular use areas adjacent to residentially-zoned property shall provide a Class C buffer (See B). A compact hedge or low wall may be substituted for other buffer requirements in the C-B district or CO district (See also 3.3.2). 1. Interior Islands An interior landscaped island shall be provided for every ten spaces. Each island shall contain a minimum of 200 square feet with a minimum width of eight feet inside the curb and include a minimum of one canopy tree. Planting islands shall be evenly distributed throughout the parking area, with no parking space located more than 100 feet from a planting island. Interior islands may be consolidated or intervals may be expanded in order to preserve existing trees, where approved by the Zoning Administrator. City of Waynesboro, Virginia 5-27

118 5.4 Landscaping Chapter 98. Article 5. Site Development Standards Screening Requirements 2. Terminal Islands All rows of spaces shall terminate in a curbed landscaped island. Each island shall conform to the specifications described in subsection 1, above. 3. Median Islands A median island with a minimum width of eight feet inside the curb shall be sited between every six single parking rows and along primary internal and external access drives. Median intervals may be expanded in order to preserve existing trees, where approved by the Zoning Administrator Screening Requirements A. Drive-Through Facilities Drive-through windows and lanes shall be subject to the following screening requirements: 1. Drive-through windows and lanes placed between the right-of-way and the associated building shall require landscape plantings installed and maintained along the entire length of the drive-through lane, located between the drive-through lane and the adjacent right-of-way. 2. Such screening shall be a compact evergreen hedge or other type of dense foliage. At the time of installation, such screening shall be at least 36 inches in height and shall reach a height of 48 inches within two years of planting. B. Fencing and Walls Fencing and walls used for screening shall: 1. Comply with the accessory use requirements of ; 2. Be constructed of high quality materials, such as decorative blocks, brick, stone, treated wood; chain-link fences and barbed wire or concertina wire shall not be utilized for screening purposes; 3. Breaks in the fence or wall may be provided for pedestrian connections to adjacent developments; and 4. The maximum length of a continuous, unbroken and uninterrupted fence or wall plane shall be 100 feet; wall off-sets shall be provided through the use of columns, landscaped areas, transparent sections or a change in materials. C. Loading Areas Loading areas shall be subject to the following screening requirements: 5-28 City of Waynesboro, Virginia

119 Chapter 98. Article 5. Site Development Standards 5.5 Outdoor Lighting Purpose 1. Provide a minimum year-round screen of all loading areas visible from residential properties or public right-of-way. 2. The screen shall consist of berms, walls, fences, plant material or combination totaling eight feet in height at installation or completion of construction. Wall or fence materials shall be compatible with the primary structure. 3. Loading docks not in the L-I or H-I district shall be located at the side or rear of buildings a minimum of 50 feet away from any residential district property, unless the loading area is wholly within an enclosed building. D. Mechanical Equipment 1. All roof, ground and wall mounted mechanical equipment (e.g. Air handling equipment, compressors, duct work, transformers and elevator equipment) shall be screened from view from residential properties or public right-of-way at ground level of the property line. 2. Roof-mounted mechanical equipment shall be shielded from view on all sides. Screening shall consist of materials consistent with the primary building materials, and may include metal screening or louvers painted to blend with the primary structure. 3. Wall or ground-mounted equipment screening shall be constructed of: (a) Planting screens; (b) Brick, stone, reinforced concrete, or other similar masonry materials; or (c) Redwood, cedar, preservative pressure treated wood, or other similar materials. E. Trash Receptacles and Service Areas Trash receptacles, trash compaction, recycling collection, grease collection and other similar service areas must be screened from view of streets and all abutting lots with a solid wall or fence. F. Wrecking and Salvage Yards, Vehicle Storage Yards and Similar Uses Wrecking and salvage yards, vehicle storage yards and similar uses shall be limited to the area shown on an approved site plan. Such areas shall be located on the side or rear of the building and shall be effectively screened from view from residential properties or public right-of-way by a fence, wall, dense evergreen hedge, or combination of such features with a minimum height of six feet. (Ord. No , 6/8/12) 5.5. OUTDOOR LIGHTING Purpose The purpose of these standards is to assure that exterior lights shall be shielded so that they do not cast direct light beyond the property line in accordance with these standards Applicability A. Adequate lighting shall be provided in nonresidential and multiple-family developments (multiplexes, townhouses and multifamily buildings) conforming to accepted engineering standards. City of Waynesboro, Virginia 5-29

120 5.5 Outdoor Lighting Chapter 98. Article 5. Site Development Standards Standards B. Parking areas, sidewalks, and building entrances shall be lighted in order to contribute to the security of property and to facilitate the safe passage of persons using the roads, sidewalks, and parking lots after dark. However, measures shall be provided to prevent light spillover onto adjacent properties and glare toward motor vehicle operators. The measures used to prevent the spillover of light and glare shall be indicated on the site plan. C. Buildings and structures lawfully existing as of the effective date of this Chapter may be redeveloped, renovated or repaired without modifying outdoor lighting in conformance with this section, provided there is no increase in floor area in such building or structure or impervious area on the site and provided outdoor lighting is not otherwise being replaced. D. Where a building or structure existed as of the effective date of this Chapter, and such building is enlarged in floor area or impervious area on the site by ten percent or 2,000 square feet, whichever is less, outdoor lighting as specified in this section shall be provided. E. The following shall be exempt from these provisions: Standards 1. Outdoor lights used for a temporary event; permitted through a temporary use permit. 2. Outdoor lights used exclusively for recreational activities, concerts, plays or other outdoor events that are open to the public, provided that the light fixtures are located at least 100 feet from any adjacent residential use and the event or function meets all other applicable zoning requirements. 3. Outdoor lighting exempt from the section shall only be illuminated while the activity takes place and during high traffic periods immediately before and after the event. A. Only incandescent, florescent, metal halide, or color corrected high-pressure sodium light sources may be used. B. The maximum height for lighting fixtures shall be a maximum of 30 feet within vehicular use areas and shall be a maximum of 15 feet in height within non-vehicular pedestrian areas. All light fixtures located within 50 feet of any residential use or residential property boundary shall not exceed 15 feet in height. C. The light source (fixture or luminaire) shall be completely concealed, directed downward and shall not be visible from any street right-of-way or adjacent properties. In order to direct light 5-30 City of Waynesboro, Virginia

121 Chapter 98. Article 5. Site Development Standards 5.5 Outdoor Lighting Standards downward and minimize the amount of light spillage into the night sky and onto adjacent properties, all lighting fixtures shall be full cutoff fixtures. D. Under canopy lighting fixtures shall be fully recessed into the canopy, baffled or otherwise shielded to prevent glare. E. Lighting shall be oriented not to direct glare or excessive illumination onto streets in a manner that may distract or interfere with the vision of drivers on such streets. F. Fixtures used to accent architectural features, landscaping or art shall be located, aimed or shielded to minimize light spill into the night sky. G. Blinking or flashing lights shall be prohibited unless the lights are required as a safety feature (e.g. beacons on towers). H. Maximum luminance levels shall not exceed 0.5 foot candles at the property boundary except as required herein Lighting Plan A lighting plan shall be submitted in conjunction with a required major site plan. (See also 7.7). The following outdoor lighting information must be included in the plan. A. Diagram A diagram indicating the location and height of all poles and fixtures as well as a photometric plan denoting foot candle levels, including levels at all property lines. B. Detail A detail of illuminating devices, fixtures, lamps, color or lights, supports, reflectors and other devices. (Ord. No , 6/8/12) City of Waynesboro, Virginia 5-31

122 5.6 Signs Chapter 98. Article 5. Site Development Standards Purpose 5.6. SIGNS Purpose The sign regulations of this Chapter are intended to protect the health, safety, and general welfare by establishing standards for the design, construction, location, illumination, and maintenance of all signs and sign structures. Such regulations are necessary and desirable for the following reasons: A. To protect the public safety by ensuring that traffic signs and devices are easily visible and free from obstruction or other distraction caused by signs; B. To ensure that signs are designed, constructed, installed and maintained in a way that protects life, health, property and the public welfare, especially during periods of high winds; C. To support the desired character of Waynesboro, as expressed in adopted City plans and to promote an attractive visual environment; D. To control the size, placement, and use of signs and other attention-gathering paraphernalia in order to preserve the right of citizens to enjoy Waynesboro s natural scenic beauty; and E. To address the ongoing technological advancements in the sign industry that continue to result in new sign types Permit Required Except as otherwise expressly provided in and 5.6.6, below, all persons erecting, changing, installing or otherwise placing signs must first obtain a sign permit in accordance with the procedures of The Zoning Administrator shall refuse to issue sign permit(s) to any applicant who refuses to pay costs assessed for the removal of signs not in compliance with the requirements of this section Measurement A. Area Except where specifically addressed, the area of all signs shall be computed as follows: 1. The area of a wall sign which consists of individual letters that are erected directly onto a wall is measured by finding the area of the minimum imaginary or actual rectangle or square which fully encloses all sign words, copy or message. 2. The area of a sign with three or more sides shall be computed as the sum of the area of each side designed either to attract attention or communicate information. 3. The area of any other sign is measured by finding the area of the minimum imaginary or actual rectangle or square which fully encloses all extremities of one side of the sign, exclusive of its supports City of Waynesboro, Virginia

123 Chapter 98. Article 5. Site Development Standards 5.6 Signs Maximum Number B. Sign Height Measurement The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of: existing grade prior to construction; or newly established grade after construction, exclusive of any filling, berming, mounding or excavating solely for the purpose of locating the sign. In cases where the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the site, whichever is lower Maximum Number Any licensed business or nonresidential use may have no more than two permitted signs per major street frontage, plus additional sign for each additional street frontage unless otherwise specified. Only one street frontage per licensed business or nonresidential use shall be designated as major street frontage. Incidental Signs, traffic control signs, real estate signs, yard sale signs, promotional signs, political signs and public art shall not be counted in calculating the maximum number of allowed signs per A Signs Allowed without a Permit The following signs shall be allowed in all districts and are not counted toward the applicable limits on the number or area of signs allowed. No sign permit shall be required. Additionally, no signs allowed under this subsection may be illuminated, except where specifically allowed. Signs Allowed in All Districts Without a Sign Permit Construction Signs Signs identifying architects, engineers, contractors and other individuals or firms involved with construction on the premises, the name of the building or development, the intended purpose of the building, and/or the expected completion date. Standards Such signs shall not exceed an area of 32 square feet and shall be removed prior to the issuance of a certificate of compliance. Flags Flags of the United States of America, this commonwealth or any official government organization and religious, charitable, fraternal, military or community service organizations. Standards [Reserved] City of Waynesboro, Virginia 5-33

124 5.6 Signs Chapter 98. Article 5. Site Development Standards Signs Allowed without a Permit Signs Allowed in All Districts Without a Sign Permit Historic Markers Historic markers of area when approved by the Virginia Historic Landmarks Commission or the Zoning Administrator. Standards (a) Such signs or markers shall be made of cast metal, cut masonry, painted wood or metal or other similar weatherproof material. (b) Such signs shall not be more than 15 square feet in area. (c) Signs attached to buildings shall not exceed six square feet in area. Identification Signs Signs such as building numbers, addresses, private parking signs. Standards (a) Only one identification sign shall be allowed per dwelling unit or nonresidential building or establishment. (b) Identification signs in residential districts or Planned Unit Developments shall not exceed one square feet in area per sign. (b) Identification signs for nonresidential uses in nonresidential districts or Planned Unit Developments shall not exceed 12 square feet per sign. Incidental Signs An on-premise sign giving information or direction for the convenience and necessity of the public; i.e., "entrance", "exit", "no admittance," "telephone", "parking", "loading only," telephone" and similar directives. Standards (a) Such signs shall not exceed 6 square feet of area per sign or 4 feet in height and shall not contain any logos. (b) No sign with a commercial message legible from a position off-site shall be considered incidental. Political Signs Signs expressing support for a candidate for public office or another position regarding a public figure or issue, but bearing no commercial message. Standards [Reserved] Public Art Street graphics and other forms of art such as, but not limited to, murals and sculptures that shall not constitute any type of outdoor advertising of a commercial message. Standards [Reserved] 5-34 City of Waynesboro, Virginia

125 Chapter 98. Article 5. Site Development Standards 5.6 Signs 0 (Ord. No , 6/8/12) Signs Allowed in All Districts Without a Sign Permit Promotional Signs Temporary business or promotional signs displayed inside building or establishment, which are in view of the general public, including those temporarily attached to windows. Standards [Reserved] Professional Name Plates Signs denoting the office of a professional. Standards Such sign shall not exceed three square feet and shall be placed upon the wall of the building where the office is located. Real Estate Signs Signs advertising the premises for sale, rent or lease. Standards Such signs shall not exceed six square feet in area and four feet in height for freestanding signs and shall be located on the land or premises advertised. Traffic Control Signs Traffic, municipal, legal notice, directional or informational signs; railroad crossing signs, danger, safety, temporary or emergency signs. Yard Sale Signs Signs advertising a yard or garage sale Standards (a) Yard sale signs shall not exceed 4 feet in height and 6 square feet in area per sign. (b) Limited to 1 sign per lot. (c) Such signs may be erected up to 5 days prior to the event and shall be removed within 2 days after the event. (Ord. No , 6/8/12) Signs Requiring Permits A. Maximum Aggregate Sign Area Unless otherwise specified, the maximum allowable aggregate sign area per licensed business or nonresidential use in the respective districts, shall be as follows: City of Waynesboro, Virginia 5-35

126 5.6 Signs Chapter 98. Article 5. Site Development Standards Signs Requiring Permits Maximum Aggregate Sign Area (SF) RS-12 RS-7 RS-5 R-MX R-MF R-O L-B H-B C-B L-I H-I B. Exceptions The maximum aggregate sign area standards of subsection A, above, shall not apply to the following types of signs requiring permits, which are described in subsection C, below: 1. Wall signs, in nonresidential districts; 2. Public and non-profit signs; and 3. Subdivision or housing signs. C. Sign Types and Standards Upon issuance of a sign permit in accordance with 7.10, the following signs shall be allowed subject to the following requirements. Signs Requiring Permits Changeable Copy Sign Any sign that allows the copy to change. These signs may be lighted or unlighted, with detachable precut letters and figures, or the message may be electronic. Standards (a) Changeable copy signs may be included as a part of a permitted monument sign in any nonresidential district. (b) The information displayed on a changeable copy sign shall remain static for a minimum period of four seconds at a time. (c) No signs that are not permanently affixed to the ground may be considered eligible for consideration as changeable copy signs. (d) Electronic signs are prohibited in residential districts. (Ord. No , 10/5/17) 5-36 City of Waynesboro, Virginia

127 Chapter 98. Article 5. Site Development Standards 5.6 Signs Signs Requiring Permits Signs Requiring Permits Freestanding Sign A sign supported by uprights or braces in or upon the ground surface, properly anchored for safety and not attached to any building. This sign type includes: Monument Sign A sign supported by a solid base or platform to which such sign is affixed forming a sign structure of low profile in nature. The height of a monument sign includes the base. Pole Sign A sign, high profile in nature, erected on a vertical framework of one or more uprights, supported by the ground. Standards (a) No part of any freestanding sign shall exceed 25 feet in height; monument signs shall not exceed eight feet in height. (b) Individual freestanding signs shall not exceed 60 square feet. (c) A defined landscaped area at the base of the sign. The required landscaped area shall be parallel to the face of the sign. The required landscaped area shall be at least 50 square feet in area. The required landscaped area shall contain materials such as, but not limited to, vegetative ground covers, perennials, shrubs, and ornamental trees covering at least 50 percent of the defined landscaped area at maturity. Paving and artificial plant materials shall not be included in fulfilling this requirement. Marquee Sign Signs/message areas on a permanent roof-like structure projecting over an entrance of a building (marquee). Standards Marquee signs shall be allowed in the H-B and C-B districts, subject to the following standards: (a) Marquees shall be permitted as additional wall signs only at theaters and may have changeable copy on each of two faces. (b) The marquee shall maintain a vertical clearance over a sidewalk of at least seven feet, six inches. (c) The message area may extend the full length of the marquee, to a maximum of 300 square feet.. (c) The sign may extend above the top of the marquee provided the vertical dimension of the structure including both marquee and sign shall not exceed five feet. (e) If such signs are illuminated, the illumination shall be by internal lighting only. Exposed light sources shall not be used. (f) Only one marquee sign shall be allowed per establishment Portable Sign Signs not permanently attached to the ground or other permanent structure, or a signs designed to be transported, including but not limited to, signs designed to be transported by wheels; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business. Standards (a) Such sign shall not exceed 32 square feet. (b) Only one sign per separately identifiable place of business or use shall be displayed at any given time on such premises. (c) Where there is more than one business or use on a lot or parcel, each business or use may display such a sign, provided all portable signs are at least 200 feet apart and no sign shall be displayed for more than 30 consecutive days during a six-month calendar period. City of Waynesboro, Virginia 5-37

128 5.6 Signs Chapter 98. Article 5. Site Development Standards Signs Requiring Permits Signs Requiring Permits (d) The sign permit shall specify the beginning and end dates of the permitted display. Only one such permit shall be issued to each separately identifiable business or use during each six-month calendar period. The 30-day display period shall be based upon permitted display dates as approved by the Zoning Administrator. (e) Each business or use eligible for a sign permit for a portable sign shall be granted no more than two such permits per calendar year. (f) If the Zoning Administrator finds that any portable sign is unsafe, a hazard to the public, or has been constructed or erected or is being maintained in violation of this Chapter, such sign shall be removed summarily and without notice at the expense of the permittee, lessee, operator or owner of the property or business upon which it is located. Any portable sign not removed within five days after expiration of the permit shall be removed at the expense of the permittee, lessee, operator or owner of the property or business upon which it is located. Public and Non-Profit Signs Signs identifying municipal or governmental buildings or buildings used for religious, charitable, military, nonprofit educational, fraternal or community service purposes. Standards (a) Such signs shall be erected upon the land upon which such building or use is located, and not be over 32 square feet in area or four feet in height. Projecting Sign A display sign which is attached directly to the building wall, and which extends more than 15 inches (381 mm) from the face of the wall. Standards (a) No part of any projecting sign shall be higher than 25 feet from grade at principal entrance or street grade. (b) Projecting signs shall not project more than 36 inches from the surface of the structure and shall not be allowed above the cornice line. Sandwich Sign Movable A-frame signs located on sidewalks in pedestrian-oriented commercial areas within nonresidential districts. Standards (a) The sidewalk in the area near the sandwich sign shall be wide enough to allow for at least 36 inches of width for unrestricted pedestrian movement with the sidewalk signs in place. (b) Each sandwich sign shall not exceed two and one half feet in width and four feet in height. The sign itself shall be moveable, shall not be permanently attached in any way to the sidewalk, and shall not be chained or attached in any way to street furniture, other signs, street trees, other landscaping, or other fixtures or appurtenances on or in the sidewalk. (c) Each sidewalk sign allowed under this section, shall be removed each day by the close of business, and shall be replaced or removed when the appearance or condition of the sign deteriorates. (d) No sandwich sign shall be located further than 15 feet from the door of the establishment advertised City of Waynesboro, Virginia

129 Chapter 98. Article 5. Site Development Standards 5.6 Signs Signs Requiring Permits Signs Requiring Permits Subdivision or Housing Signs Signs identifying subdivisions or housing developments shall include only the name of the subdivision or development. Standards (a) Such signs shall not exceed 32 square feet in area or six feet in height. Suspended Sign A sign that is suspended from the underside of a horizontal plane surface and is supported by such surface. Standards Suspended signs shall be permitted in all zoning districts, subject to the following regulations: (a) The sign shall be no closer than two feet, measured in horizontal distance, from the curb line of any street. (b) The sign shall maintain a vertical clearance over a sidewalk of at least seven feet, six inches. (c) The sign area shall not exceed four square feet. (d) Only one sign shall be allowed per establishment or per exterior wall per establishment. Temporary Sign A sign constructed of cloth, fabric, or other lightweight temporary material with or without a structural frame intended for a limited period of display; including decoration displays for holidays or public demonstrations. The temporary sign shall be for a special event, not a routine business activity. The following temporary signs shall be allowed. (a) Signs displayed during the month of December for the purpose of selling Christmas trees and other holiday vegetation and accessory items. (b) Signs for fund raisers, special events and similar type signs including political signs and signs to benefit religious, charitable, military, fraternal, athletic, or community service organizations for reasonable periods of time on private property, or for specific periods of time on public property only upon authorization of the Zoning Administrator. (c) Signs regarding employee safety, similar corporate and organizational promotional activities for reasonable periods of time as determined by the Zoning Administrator. (d) Banners, streamers, pennants and balloons on private property may be displayed for reasonable periods of time as approved by the Zoning Administrator. Standards Temporary signs shall be allowed in every district for special events, subject to the following requirements: (a) The sign shall not be displayed for more than 30 consecutive days. (b) The sign area shall not exceed 32 square feet. (d) Only 1 sign shall be allowed per business per special event. (e) Each business site may be issued 2 sign permits for a temporary sign within a 12-month period. Each 12-month period shall begin with the issuance of the first permit and shall expire 12 months from that date. City of Waynesboro, Virginia 5-39

130 5.6 Signs Chapter 98. Article 5. Site Development Standards Illumination Signs Requiring Permits Wall Sign A sign which is painted on or attached directly to a fence or on the surface of masonry, concrete, frame or other approved building walls, and which extends not more than 15 inches (381 mm) from the face of the fence or wall. Standards (a) Wall signs for buildings housing a single tenant, or housing more than one tenant where each tenant has its own outside entrance, shall not exceed fifteen percent of the area of the wall in question and in no case exceeding a total of 400 square feet. (b) For a building whose setback exceeds 250 feet, an additional ten percent increase in wall sign may be approved by the Zoning Administrator. Window Sign Any permanent sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window. Standards [Reserved] Illumination A. Signs may be illuminated from within or from an external source, but such illumination shall be in a manner which avoids glare or reflection which in any way interferes with pedestrian, vehicular or bicycle traffic safety. B. Internally illuminated signs shall be required to have an opaque background and translucent copy. C. Sign lighting shall not be detrimental to adjacent residential property. D. Signs shall not be illuminated by a string of lights placed around the sign. E. Within 200 feet of off-site residential zones or uses, only internally illuminated signs that allow only the sign characters and logos to emit light or signs that are illuminated by means of a light that shines on the face of the sign shall be allowed. For the purposes of this subsection, property directly across a public right-of-way, other than a controlled access highway, shall be considered to be adjacent property. F. The American Flag may be illuminated by spot lights Variances Variances from the requirements of this section may be approved by the Board of Zoning Appeals (BZA) in accordance with Variances may provide for signs different in character or greater in area, height and number only when the BZA finds that: A. Due to unique circumstances demonstrated by conditions and plans submitted, a strict application of the requirements of this section would result in unnecessary or unreasonable hardship for the property owner; B. The need for such variance is not shared generally by other properties; and C. The requested variation is in the public interest and consistent with the purpose and intent of this section City of Waynesboro, Virginia

131 Chapter 98. Article 5. Site Development Standards 5.6 Signs Design, Construction and Maintenance Design, Construction and Maintenance A. All signs shall comply with applicable provisions of the Building Code. B. Signs shall be constructed of permanent materials and permanently affixed to the ground or building, except for temporary signs. C. Signs shall be maintained in good condition at all times and shall be kept free of cracked or peeling paint, holes, missing or damaged sign panels or supports, and weeds, grass or vegetation that obscures the view of the sign message Prohibited Signs The following signs are prohibited within the city of Waynesboro unless otherwise stated in this section: A. Billboards or general advertising signs, except where the owner or lessor of the premises is seeking a new tenant, signs relating to the activities of the previous tenant may remain in place for not more than 30 days from the date of vacancy. B. Any sign affixed to, hung, placed or painted on any fence, cliff, tree, public utility pole, radio or television or similar tower; provided, that this prohibition shall not affect official traffic, parking or informational signs placed on utility poles by the City. C. Off premises advertising on public and private property, except for sandwich board signs as allowed by D. Roof sign or signs erected, constructed, and maintained above the roof of the building. E. Signs within the public right-of-way, except as specifically allowed by this section. F. Any sign or banner within or across a public right-of-way, unless specifically approved by the Zoning Administrator. G. Any sign attached to, rather than printed on, an awning which is not a marquee. H. Any flashing or moving sign, except temporary signs erected by City or State government. I. Any sign which the traffic engineer determines to imitate an official traffic sign or signal, or conflict with traffic safety needs due to its location, coloring, movement, shape or illumination. J. Any sign which displays obscene, indecent or immoral matter. (Ord. No , 6/8/12) Other Prohibitions A. No sign shall be located in such a manner as to obstruct free or clear vision, or cause hazards for vehicular, bicycle or pedestrian traffic by reason of location, shape, illumination, color, or height. In addition, no sign shall be erected, replaced or relocated so as to: 1. Prevent free ingress or egress from a required door, window or fire escape; or 2. Obstruct the light or ventilation required by the provisions of this Chapter or other City ordinances from any window. City of Waynesboro, Virginia 5-41

132 5.6 Signs Chapter 98. Article 5. Site Development Standards Common Signage Plans B. No advertising or business sign of any kind shall be attached to a standpipe or fire escape. C. Signs may not overhang or project in public right-of-way except for signs on buildings abutting the public right-of-way or located in such proximity thereto as to render compliance with this section impossible Common Signage Plans A common signage plan is a plan for all signs associated with a complex, consisting of several buildings, businesses or uses in a single development. The signage plan shall include all signs within the complex, including out parcels. A. Applicability The requirements of a common signage plan shall apply to all buildings, businesses or uses within a related complex (as evidenced by a concept plan or site plan) even if the properties are subdivided. B. Permit Required Common signage plans shall be subject to the permit requirements of 7.10, Sign Permit. C. Required Plan Elements The common signage plan shall consist of five elements, in addition to other restrictions imposed by the applicant: 1. Location Identify sign locations on buildings or property. 2. Materials and Illumination Describe the type of sign and sign materials, including construction materials and proposed lighting, if any. 3. Size Itemize sign size at identified locations. The allocation of sign area for multi-tenant structures may favor one tenant or series of tenants over another, provided the property owner identifies the available sign area per tenant. 4. Letter Style Describe the dominant letter style and letter height to be used on the sign(s). (a) The Zoning Administrator may allow modifications to the lettering style to accommodate State and Federal registered trademarks (logos). (b) In allowing the modifications, the Zoning Administrator may limit the logo size. 5. Colors List the colors to be used on each sign. (a) A maximum of three colors plus either black or white are allowed in a single common plan, provided that Federal and State registered trademarks may be employed in addition to the specified colors. (b) Any neon lighting for building signage shall be matched to an approved color specified on the signage plan in order to be included as a part of the color scheme City of Waynesboro, Virginia

133 Chapter 98. Article 5. Site Development Standards 5.7 Outdoor Storage and Display Applicability 6. Free-Standing Sign (a) Sign Area A maximum of one free-standing sign shall be permitted for the complex per street frontage. Such sign shall not exceed 100 square feet. (b) Number of Signs Individual shops and businesses within complexes may not have free-standing signs. 7. Wall Signs (a) Sign Area Wall signs allowed for individually licensed shops and businesses in a complex shall not exceed 15 percent of the area of the wall in question and in no case a total of 400 square feet. For a building whose setback exceeds 250 feet, an additional ten percent increase in wall sign may be requested. (b) Number of Signs Individual shops and businesses in complexes may have wall signs and sandwich signs only OUTDOOR STORAGE AND DISPLAY Applicability Regulations governing outdoor storage and display shall apply in all districts. Any merchandise, material or equipment situated outdoors shall be subject to the requirements of this section. For the purpose of this section, outdoor display and storage shall be broken into three categories: outdoor display, limited outdoor storage and general outdoor storage Outdoor Display A. Outdoor display is display of products actively available for sale. Outdoor displays are normally brought indoors overnight. B. Outdoor display shall be allowed adjacent to a principal building wall and extending to a distance no greater than ten feet from the wall. Such display shall not be permitted to block windows, entrances or exits, and shall not impair the ability of pedestrians to use the sidewalks Outdoor Storage A. General 1. Outdoor storage is more intensive than outdoor display. Materials stored in outdoor storage are not normally brought indoors overnight. 2. Areas used for outdoor storage shall be permitted following review and approval of a site plan illustrating the extent of the area proposed for outdoor storage. B. Limited Outdoor Storage 1. Limited outdoor storage includes garden supplies, building supplies, plants, vehicle sales and services, manufactured home sales, play equipment and other similar uses. 2. Limited outdoor storage shall comply with the following standards: City of Waynesboro, Virginia 5-43

134 5.8 Common area Chapter 98. Article 5. Site Development Standards General (a) No outdoor storage shall be allowed in front or street side yards or within 15 feet of any public right-of-way, whichever is greater. (b) No outdoor storage shall be permitted within required vehicular use areas. (c) Outdoor storage may be located to the side of a building, provided it is not located within the required side yard (setback). (d) Any rear yard may be used for outdoor storage purposes. 3. Additionally, vehicles for sale or rent shall be located and displayed on a paved vehicle use area buffered under the same requirements as for a parking lot. (See also 5.4.7) C. General Outdoor Storage 5.8. COMMON AREA General 1. General outdoor storage includes material stored in boxes, crates, pods or other shipping containers; lumber yards; pipe; wrecking, junk, and salvage yards; vehicle storage yards; and other similar uses. 2. In addition to the requirements of paragraph B.2, above, areas used for general outdoor storage shall be screened from view from the public right-of-way, public vehicular use areas, or adjacent residential development pursuant to F. A. Where common area is included in addition to the individual lots (conventional development) or to comply with minimum common area requirements (cluster development and Planned Unit Developments), such lands must be in one or more parcels dedicated or otherwise protected as permanent (active or passive) common area. B. Any City-accepted parks, schools and other public land pursuant to the Subdivision Ordinance, Sec , will be counted towards complying with minimum common area requirements Configuration and Use A. The location, size, character and shape of required common area must be appropriate for its intended use. Common area land must be useable for recreational purposes and/or provide visual and aesthetic appeal. B. No more than 50 percent of any area otherwise containing obvious development challenges, including the presence of the regulated 100-year floodplain, open water, jurisdictional wetlands, a slope greater than or equal to 25 percent grade or geological hazards may be considered to comply with the common area requirement City of Waynesboro, Virginia

135 Chapter 98. Article 5. Site Development Standards 5.8 Common area Configuration and Use C. The minimum width for any required common area shall be 50 feet. Exceptions may be granted by the Zoning Administrator for items such as trail easements, mid-block crossings and linear parks/medians, when their purpose meets the intent of this section. D. At least 60 percent of the required common area shall be contiguous. For the purposes of this section, contiguous shall include any common area bisected by a residential street, provided that: 1. A pedestrian crosswalk, underpass or overpass is constructed to provide safe and adequate access to the common area on both sides of the street; and 2. The right-of-way area is not included in the minimum common area calculation. E. The common area shall adjoin any neighboring common areas, protected lands, and non-protected natural lands that would be candidates for inclusion as part of future common areas or protected lands. F. Adopted City plans shall be taken into consideration when evaluating land proposals. G. The required common area shall be directly accessible to the largest practicable number of lots within the subdivision. Non-adjoining lots shall be provided with safe, convenient access to the common area (i.e. mid-block connections in logical locations). No lot within the subdivision should be further than a ¼-mile radius from the required common area. This radius shall be measured in a straight line, without regard for street, sidewalk or trail connections to the common area. H. Access to the common area shall be provided either by an abutting street or easement. Such easement shall be not less than 30 feet wide. I. At least 25 percent of the common area shall be improved. Trails may be developed in common area. Other improved common areas shall be developed in the options set forth below. The shape, topography and subsoils shall be appropriate to the improvements proposed. City of Waynesboro, Virginia 5-45

136 5.8 Common area Chapter 98. Article 5. Site Development Standards Configuration and Use Common Area Use and Improvement Options Tot Lot and Playground Tot lots and playgrounds provide play areas for children as well as open shelter and benches. Tot lots and playgrounds may be built within squares, greens, mini-parks and neighborhood parks or may stand alone within a residential block. Playgrounds shall be designed with commercial grade play equipment for two age groups: tot lot for children ages one to five; and separate play equipment for children, ages six to ten. May include: picnic units and shelters. Minimum requirements include two park benches and one trash receptacle. Must have shock absorbing surface with a maximum two percent slope. Playgrounds must comply with all Federal, State and local regulations and be compliant with the Americans with Disabilities Act. Mini-Park Mini-parks provide active recreational facilities for the use by the residents of the immediate surrounding neighborhood within the development. Size is from 2,500 SF to one acre. May include: tennis, basketball and other sports courts; playgrounds; and seating accommodations. Each mini-park shall be centrally located and easily accessible so that it can be conveniently and safely reached and used by those persons in the surrounding neighborhood it is designed to serve. Rear facing lots are allowed. Mini-parks shall be attractively landscaped and be provided with sufficient natural or man-made screening or buffer areas to minimize any negative impacts upon adjacent residences. Plaza Plazas are for passive recreation use adjacent to a civic or commercial building. Plazas are paved in brick or another type of impervious surface. Plazas shall be level, stepped or gently sloping. At no time shall a plaza s horizontal length or width be greater than three times the height of surrounding buildings. Size is from 2,000 to 30,000 SF Square Squares are formal areas for passive recreation use bound by roads or front facing lots. Squares shall be bound by roads on a minimum of three sides or 75 percent of their perimeter and may be bound by front facing lots on one side or 25 percent of their perimeter. No rear facing lots are allowed adjacent to a square. Trees plantings are encouraged parallel to the road right-of-way. Geometrical tree planting layouts for internal plantings are encouraged. Minimum size is 500 SF to one acre City of Waynesboro, Virginia

137 Chapter 98. Article 5. Site Development Standards 5.8 Common area Reduction Common Area Use and Improvement Options Green Greens are informal areas for passive use bound by roads or front facing lots. A green shall be bound by roads on a minimum of three sides or 75 percent of their perimeter and may be bound by front facing lots on one side or 25 percent of their perimeter. No rear facing lots are allowed adjacent to a green. Tree plantings can be informal and the topography irregular. Greens may be used to preserve specimen trees. Size is 500 SF to one acre. Neighborhood Park Neighborhood parks are designed for active or passive recreation use. Maximum park size can exceed five acres if the Neighborhood Park creates an open space that services an entire neighborhood or a group of neighborhoods; or incorporates physical features which are an asset to the community (i.e. lake or river frontage, high ground or significant stands of trees). Minimum size from one to five acres. Neighborhood parks shall be bound by roads on a minimum of 50 percent of their perimeter. Front facing lots are encouraged around the perimeter. Neighborhood Parks shall include benches, paths and trails. Neighborhood Parks may include but are not limited to: tennis courts, racquetball courts, basketball courts, volleyball courts, ball fields, swings, slides, playgrounds, dog parks, benches, restrooms, picnic units, shelters, walking paths and parking areas. Clubhouse/Pool Amenity Area Clubhouse/pool areas can be found in a neighborhood park, mini-park or alone as an amenity area for the residents of a developed community. Clubhouse/pool areas can include: swimming pools, group activity room, gazebos, outdoor eating areas, exercise stations and similar facilities. Pools should be a minimum size of 1,000 SF. Clubhouses and swimming pools must comply with all applicable building and health codes. Greenway Greenways typically follow natural or constructed features such as streams or roads and are designed to incorporate natural settings such as creeks and significant stands of trees within neighborhoods, and are used for transportation, recreation, wildlife corridors and environmental protection. Greenways differ from parks, plazas and squares in that their detailing is natural (i.e. informally planted) except along right-ofway, and may contain irregular topography. Design of the greenway should incorporate conservation of existing mature tree canopy and landscape and protection of existing natural drainage ways and creeks. Improvements shall include paved walks/trails and benches, and trash receptacles Reduction Notwithstanding other provisions of this Chapter, the City Council may waive or reduce applicable common area requirements where the development site is adjacent to a public park or dedicated common area with sufficient pedestrian access. City of Waynesboro, Virginia 5-47